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Cyber Security - the Laws that Govern Incident Response - page 28 / 38

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3k. Compelling Production Stale e-Mail (unopened)

If a communication is on non-public system and is unretrieved, but older than 180 days (it’s stale), use subpoena with prior notice to subscriber (18 U.S.C. § 2703(b)) [or court order w/ notice]

May delay notice 90 days to avoid:

flight from prosecution

destruction of or tampering with evidence

intimidation of potential witnesses

seriously jeopardizing an investigation

May extend delay an additional 90 days

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