DYNAMIC PACKET SUBPOENA POLICY
Dynamic Packet Corporation and its affiliates (“Dynamic Packet”) respond to properly served, valid subpoenas, court orders, and warrants. The rules regarding method of service may vary by state and type of legal process. Please see below for more information on how and where to serve Dynamic Packet.
Dynamic Packet, in its sole discretion, reserves the right to object to or refuse to respond to any legal process and to determine the applicability of this policy to any particular request. This policy does not create any enforceable legal rights, either for Dynamic Packet’s customers or for requesting parties. Note that prior to responding to any request, Dynamic Packet may require a requesting party to provide a copy of the applicable complaint or other supporting documentation.
Dynamic Packet does not release personally identifying information about its customers except in instances allowed or required by law or with a customer’s express permission. See the Dynamic Packet Consumer Privacy Policy and Dynamic Packet Business Privacy Policy for more information.
If you are seeking customer information, please provide as much of the following information as possible: customer name, account number, email address, mailing address or telephone number. If you are seeking information related to an IP address, please include the applicable date, time and time zone. Note that Dynamic Packet does not retain information indefinitely and that the Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq. (“ECPA”), prohibits an electronic communications service provider, such as Dynamic Packet, from producing the contents of an electronic communication, even pursuant to subpoena or court order, except in limited circumstances.
IDENTIFICATION OF RECORDS BASED ON TELEPHONE NUMBER
Dynamic Packet, Corp can only provide account information on telephone numbers for which we currently or have historically provided service. Dynamic Packet, Corp retains the following information about telephone calls for a period of 18 months, as currently required by Federal Communication Commission regulations §42.6: the name, address, and telephone number of the caller, telephone number called, date, time, and length of the call.
CIVIL SUBPOENA INFORMATION
Civil subpoenas should be served upon Dynamic Packet’s registered agent. Dynamic Packet does not accept civil subpoenas via facsimile or email. Please check the applicable Office of the Secretary of State for Dynamic Packet’s registered agent.
It is Dynamic Packet’s policy to notify a customer upon receipt of a civil subpoena requesting the customer’s information. Dynamic Packet generally will respond to your subpoena approximately fifteen (15) days after notice is sent to the customer unless the customer provides Dynamic Packet with a filed motion to quash the subpoena or other document seeking similar protection from a court.
We require all of the following information to be submitted for a civil subpoena: Subpoena or court order, telephone number, date/time & time zone and what responsive information is required
As authorized under 18 U.S.C. § 2706, Dynamic Packet reserves the right to require payment in advance, to withhold delivery of information until payment is received and to seek enforcement of charges. Non-binding estimates can be provided to the requesting parties. For civil subpoenas, Dynamic Packet charges $95.00 for research and $60.00 per package to respond via overnight delivery. Additional charges may apply for voluminous or time or cost intensive requests. Invoices should be paid within 30 days of receipt by check made payable to Dynamic Packet.
CRIMINAL SUBPOENA INFORMATION
Dynamic Packet accepts criminal subpoenas from law enforcement agencies via service on our registered agent or via facsimile, U.S. Mail or commercial courier at the address below. Please note that Dynamic Packet’s acceptance of legal process by these methods does not constitute a waiver of any applicable objections, including lack of jurisdiction or proper service.
Dynamic Packet Legal Department
C/O Incorp Services
Attn: Subpoena Compliance
One Commerce Center
1201 Orange St. #600
Wilmington, DE 19899
Dynamic Packet may charge a fee in connection with responding to a criminal subpoena. Invoices should be paid within 30 days of receipt by check made payable to Dynamic Packet.
EMERGENCY DISCLOSURE
Subpoenas for information other than customer information must be served in accordance with applicable law. Dynamic Packet’s registered agent for service of process is on file with the Delaware Secretary of State.
ECPA authorizes Dynamic Packet to produce subscriber information to law enforcement officials without a subpoena, court order or warrant if Dynamic Packet “in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency.” 18 U.S.C. 2702. In such circumstances Dynamic Packet requires completion of its Emergency Request Form prior to the release of any subscriber information and proper legal process must be served as soon as possible after the emergency.
Effective Date: January 1, 2015