Subpoenas

What is a subpoena? How does it differ from a warrant or other means of legally obtaining electronic evidence?

Unlike a warrant that authorizes law enforcement to search and seize electronic evidence, a subpoena is a legal demand that may require someone to turn over or submit evidence in support of a legal case. The subpoena typically originates from a legal authority, such as a judge or prosecutor.

A subpoena may also give an organization some protection or comfort in the event there is pressure to disclose electronic information that violates federal or state laws, such as cases involving the Health Insurance Portability and Accountability Act (HIPAA) or the Family Educational Rights and Privacy Act (FERPA). If the organization is issued a subpoena, it may be able to comply with the information request legally as a result of the subpoena.

A real-life example may start with a subpoena from the court to order an internet service provider to provide the details of the account associated with the suspect’s IP address. This might be followed by a warrant that would allow law enforcement to search and seize the suspect’s computers.

References

Jarrett, H. M., Bailie, M. W., Hagen, E., & Judish, N. (n.d.). Searching and seizing computers and obtaining electronic evidence in criminal investigations. https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ssmanual2009.pdf

Wright, B. Subpoenas for electronic records.. http://www.sans.edu/research/security-laboratory/article/subpoenas-data

Resources

Check Your Knowledge

Choose the best answer to each question:

Question 1
A subpoena authorizes law enforcement to search and seize evidence.
True
False
Question 2
If a party (either an individual or organization) is issued a subpoena, that party is required to respond.
True
False