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Cyber Security - the Laws that Govern Incident Response - page 26 / 38

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3i. Overview: What stored communications records can non-public providers be compelled to disclose to the government (and how can this be compelled)?

Subpoena

Subscriber Information

Court Order

Transactional Records

(sites visited, etc.)

Subpoena (ECPA doesn’t apply)

Stored Content/Files and Read E-mail

Subpoena (with notice to the subscriber)

Content – Unread E-mail (>180 days)

Search Warrant

Content - Unread E-mail (<= 180 days)

NOTE: The process indicated in each of the above cases is the simplest form of process that may be used (ex. where a subpoena is required, a court order, a process with more procedural protections, will also satisfy ECPA)

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