Subpoena Facebook Information

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One of our commenters on Leora’s Facebook sleuthing post asked how to go about getting information from Facebook pursuant to a subpoena for a court case. I followed up with Facebook, and got the contact information to (1) preserve information, and (2) get ahold of it. Here is the address and fax where you should send your subpoena or court order:

Facebook
Attn: Security Department
1601 South California Avenue
Palo Alto, CA 94304

fax: 650.644.3229

For civil matters, Facebook requires a subpoena from California or New York. Here is the full e-mail from Facebook:

Facebook is no longer accepting New York subpoenas, according to Cozen O’Connor paralegal Michele Fiedler. The email she received from Facebook is below the one I received.

Thank you for contacting Facebook.

If you are requesting that information on our site be preserved, please send a preservation order by mail or fax to the following address:

Facebook
1601 S California Avenue
Palo Alto, CA 94304
Attn: Security Department
Fax Number (650) 644-3229

Please provide as much of the following information as possible to expedite your request:

- Your full contact information (name, physical address, phone and email):
- Response date due (please allow 2-4 weeks for processing):
- Full name of user(s):
- Full URL to Facebook profile:
- School/networks:
- Birth date:
- Known email addresses:
- IM account ID:
- Phone numbers:
- Address:
- Period of activity (specific dates will most likely expedite your request):

Please be sure that your contact information is valid, so that we can contact you with updates on your request status.

Although providing this information will enable us to identify the account in question so that we can preserve available information, we will also need a valid subpoena or other court order in order to provide this information to you. This subpoena or court order should be mailed or faxed to the above address.

Governmental Agency

Please note that if the requesting party is a governmental agency, a search warrant is required for private inbox and/or outbox communication 180 days old or less. See 18 U.S.C. § 2703(a).

Civil Matters

For information being requested in a civil matter, a valid California or New York subpoena is required.

Per our Terms of Use and Privacy Policy we may release information in an expedited manner for cases involving imminent bodily harm. Please contact us immediately via email at [subpoena /at/ facebook /dot/ com] with the subject “IMMINENT HARM” to request data under this clause. Determination of the amount of information which may be released under this clause is at Facebook’s sole discretion.

If you have additional questions, you can contact us at [subpoena /at/ facebook /dot/ com].

Here is the updated information from Michele Fiedler:

Ms. Fiedler,

With regard to civil matters, state court subpoenas must issue from a court within California or must be issued pursuant to the proper California court commission. Federal civil subpoenas seeking the production of documents must issue from the court in the district where the production is to be made. Please send the subpoena to subpoena@facebook.com or fax to 650-644-3229.

In addition, Facebook requires a $150 processing fee per User ID. Checks can be made payable to Facebook, Inc. and can be sent to the attention of Facebook Security at 1601 S. California Ave., Palo Alto, CA, 94304, bearing the name and number of the case for which the fees are paid.

Please note that our users’ data is protected by the Electronic Communications Privacy Act (“ECPA”). See 18 USC section 2701 et. seq. ECPA is a federal statute that prohibits Facebook from producing any “content” without notarized user consent or a Search Warrant.

Thank you,

- Facebook, Inc. Security

You can also subpoena MySpace information.

Sam Glover has been writing about law practice technology, management, marketing, and other stuff on Lawyerist since 2007. He consults on appeals and motion practice in his solo practice. When he isn't blogging or lawyering, Sam drinks espresso and plays with fountain pens.