We received 65,406 subpoenas from law enforcement in the United States during the first half of 2021. We are required by law to provide the information requested by a valid subpoena. The subpoenas we receive are generally used by law enforcement to obtain “subscriber information,” meaning the type of information that appears on a customer’s phone bill. We continue to see that approximately half of the subpoenas we receive seek only subscriber information. Those subpoenas typically require us to provide only the name and address of the customer associated with a given phone number or IP address. Other subpoenas may ask for certain transactional information, such as the phone numbers that a given customer called. The types of information that we can provide in response to a subpoena are limited by law. We do not release the contents of communications (such as text messages or emails) or cell site location information in response to a subpoena.
During the first half of 2021, the 65,406 subpoenas we received sought information regarding 135,467 information points, such as telephone numbers, used to identify customers. These customer identifiers are also known as “selectors.” On average, each subpoena sought information about 2.1 selectors. The number of selectors is usually greater than the number of customer accounts. For instance, if a customer had multiple telephone numbers, then it is possible that a subpoena requesting information about multiple selectors was actually seeking information about only one customer. During the first half of 2021, approximately 70% of the subpoenas we received sought information on only one selector (and thus only one customer), and about 90% sought information regarding three or fewer selectors (and thus three or fewer customers).
Does a law enforcement officer need to go before a judge to issue a subpoena?
Under federal law and the law in many states, the government does not need judicial approval to issue a subpoena. A prosecutor or law enforcement official may issue a subpoena to seek evidence relevant to the investigation of a possible crime.
Are there limits on the types of data law enforcement can obtain through a subpoena?
Yes, in response to a subpoena, we only release the six types of information specifically identified in 18 U.S.C. § 2703(c)(2)(A)-(F): customer name, address, telephone or other subscriber number, length of service, calling records, and payment records. Some states have stricter rules. We do not release any content of a communication in response to a subpoena.
Are there different types of subpoenas?
Yes, we may receive three different types of subpoenas from law enforcement: a grand jury subpoena (the subpoena is issued in the name of a grand jury investigating a potential crime); an administrative subpoena (generally, a federal or state law authorizes a law enforcement agency to issue a subpoena); or a trial subpoena (the subpoena is issued in the name of the court in anticipation of a trial or hearing).