NOTES FOR LAW ENFORCEMENT WHEN SERVING SUBPOENAS, COURT ORDERS,  AND OTHER LAWFUL PROCESS ON FTC INTERNET SERVICES SEEKING HIGH SPEED DATA (INTERNET), TELEPHONE, AND VIDEO SUBSCRIBER DATA

**Please read this document thoroughly.  As part of our continuing effort to become more efficient we are asking law enforcement agencies to only place calls to us in the event that the answer to any question cannot be found in this document or by contacting us using our CONTACT US form. Thank you for your compliance with this request.  

1) High Speed Data Subscriber Requests:

If you are seeking information in connection with an FTC High Speed Data (“FTC ”) IP address, please provide the IP address, along with a specific date, time and time zone on which the IP was in use.  Because many of our residential IP addresses are assigned dynamically, we normally cannot conduct a search unless provided with this data (our commercial accounts are assigned static IP addresses).  If your request is missing this data, it will be returned with a request that you submit a corrected subpoena/order/warrant.

If you are seeking information on an FTC e-mail address, supply the e-mail address and we will conduct a search.  However, note that e-mail addresses are less reliable data on which to conduct a search than are IP addresses; IP addresses are always preferable and we are more likely to locate responsive data.  Also, please note that we are only able to inform you if an account is assigned a particular e-mail address on the date on which we conduct our research.  We have no historical data and may be unable to confirm who owned or used the address on any other date. 

You may also provide an individual’s name and street address and we can research whether or not that person has (or ever had) an FTC account with FTC Internet Services.

When serving a court order or a warrant that is a follow up to a prior preservation request, please include a copy of your prior request so that we can easily locate our pre-existing file in a timely manner. 

Finally, please note that we can only provide basic account identifying information upon service of a subpoena.  If you require detailed billing records, e-mail content, or other similar records beyond identifying information, pursuant to federal law we will require a court order or warrant depending on the nature of the records sought.  You may wish to contact us for more information before pursuing the appropriate request so that we can offer direction.

 ISP Verification:

In the interest of saving time and preventing your office/agency from submitting a request to us that does not correspond to an FTC Internet Services subscriber, we highly suggest that you consult the American Registry for Internet Numbers Database before sending your lawful process.  This database can be found at http://www.arin.net/index.shtml.  In most cases, performing a search on this website will allow you to verify the internet service provider for an IP address.  Please note: although this website will help you to confirm that FTC Internet Services/FTC is the proper entity, please send the actual subpoena or request to the law department in Industry, California, not the Security Division in Canyon Country.  All requests are handled by our Subpoena Compliance Team at the address identified in item number 5 below. 

2) Digital Phone Subscriber Requests

Requests for INBOUND and OUTBOUND Call Detail Records (“CDR”):
Law Enforcement Authorities may obtain inbound or outbound CDR via service of a proper Subpoena or Court Order. 

Customer requests for their incoming CDR can only be granted following receipt of a Judge signed Court Order. 

FTC will provide a customer’s own outbound CDR upon request.   Identification verification of the account holder who will receive the records will be required.
 
3) Notice to FTC Internet Services’s FTC High Speed and Telephone Subscribers:

Absent explicit direction from law enforcement to the contrary, it is FTC Internet Services’ current practice to provide meaningful notice to our customers of any process that seeks personally identifiable information about them.  It typically takes 10-14 calendar days to notify our customers and provide them an opportunity to object before we comply with any such request for their information.
If a law enforcement authority is issuing a subpoena for customer information pursuant to an ongoing investigation and there is concern that providing notice to that customer may jeopardize their investigation, the subpoena must include a “non-disclosure” request or statement.  For example:  “FTC Internet Services is directed not to disclose this subpoena to any party as such disclosure may interfere with an ongoing investigation.”  If non-disclosure is not important, please so note on the process so that we don’t waste time contacting you to confirm that disclosure will not interfere with your investigation.

4) Video Subscriber Requests:

47 U.S.C. s. 551(c), the Federal Cable Privacy Act (the “Act”), prohibits a provider from disclosing "personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned or a court order.  You must provide us with the appropriate consent or court order so that we can assist you while complying with federal law.  If you are planning on seeking information through a court order, please provide us with sufficient advance notice of the hearing date so we can provide notice of it to our subscriber. 

Please contact our Subpoena Compliance Team at the number below if you require additional information about this process before pursuing a court order. 

5) Notice to FTC Internet Services’ Video Subscribers:

Upon receipt of an order we will, as required by the Act and unless otherwise directed by the Court, provide our subscriber with notice of your request prior to responding to the request.

6) Service of Lawful Process Instructions for Requests Seeking Video, High Speed Data, or Digital Telephone Subscriber Data, Pen Register/Trap and Trace Orders, and Wiretap Orders: 

FTC Internet Services accepts lawful process by fax to (800) 328-231-2299, U.S. Mail, or U.S. Postal Express Mail Service to (please only send via one of these methods):

Law Department
FTC Internet Services
P.O. Box 2035
Industry, CA 91746
Tel: (877) 798-8684
Attn: Security/Subpoena Compliance Team

Please note that we cannot provide confirmation of receipt of a fax. 

NOTE regarding requests for Digital Phone Subscriber Records:

Following receipt and review of lawful process by the FTC Law Department, administrative work relating to FTC Internet Services’s CALEA responses may be performed by an agent, who may contact the law enforcement authority to discuss any issued process on FTC Internet Services’ behalf.

Requests for Assistance from PSAPs

If you are a PSAP that requires assistance locating address information in connection with a 911 call and your NPAC query has indicated that the service provider is Sprint (SPRCL is Sprint’s NENA ID), please contact Sprint/Nextel Corporate Security at 1-866-398-3284.

7)    Questions:

Service of process questions and status requests should be submitted using the Security Department's CONTACT US form.  Please do not call us with these inquiries.  When requesting the status of a subpoena you previously submitted, please include the name of the agent who submitted the request; the date the request was submitted; the name, address, IP address, e-mail address, or phone number for which information is being sought.

8)    Emergency Requests:

We will only process emergency requests of a life and death nature on an expedited basis if law enforcement first contacts us via phone to alert us that such a request is being submitted.  If you write “urgent” or “emergency” on your request, we will not assume it is a life and death situation unless we also receive a phone call from you.
If assistance is required pertaining to an emergency request involving an FTC High Speed, Video, or telephone subscriber account, law enforcement authorities may contact FTC Internet Services’ Security Services Department at (877) 798-8684. 

9)    Time for Response:

Due to the volume of subpoena requests received by FTC Internet Services, responsive information is generally provided within 10-14 business days.   Expedited responses, if resources permit, will generally be provided within 3 business days.

10)    Cost Reimbursement:

We reserve the right to seek cost reimbursement in connection with any request served upon us.  For intensive requests, we charge different amounts depending on the time and effort required to comply with your request and we will seek a cost reimbursement agreement with your office prior to processing any such request.

11) Records Retention:

The following retention policies generally apply to frequently sought records:

• IP Address Assignment Logs: Up to 6 months

• Call Records: Call Detail Records (“CDRs”) for billed calls (i.e., international; OS/DA; any interstate billed call) are maintained for 18 months.  CDRs for inbound and local/intrastate calls are maintained for 90 days.

• Preservation Requests: 90 days

• Connection Logs: We do not maintain information regarding connection logs or start/stop times for internet use.

• E-mail content: E-mail content is generally not available as subscriber

• E-mail is stored on our servers only until deleted by the subscriber. 

12) Surveillance Orders:

National Security Letters (“NSL”) should be transmitted through Special Agent Kelly Clowers of the Bureau’s Washington, D.C. field office (703-762-3148).  Ms. Clowers will forward the NSL directly to:
 
Address: Director of Security Operations
FTC Internet Services
P.O. Box 2035
Industry, CA 91746
Phone:   877-798-8684
Fax:  800-231-2299

Updated 4/4/10


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