SDNY letter to Facebook on grand jury subpoena preservation, Nov. 21, 2019

U.S. Department of Justice¶

United States Attorney Southern District of New York¶

The Silvio J. Mollo Building One Saint Andrew’s Plaza New York, New York 10007¶

November 21, 2019¶

VIA WEB PORTAL¶

Facebook, Inc.

Attention: Facebook Security, Law Enforcement Response Team

1601 Willow Road

Menlo Park, California 94025

To whom it may concern:¶

Please be advised that the accompanying grand jury subpoena has been issued in connection with an official criminal investigation of a suspected felony being conducted by a federal grand jury. Pursuant to the accompanying non-disclosure order issued under 18 U.S.C. §2705(b), you are prohibited from notifying any subscriber or other third-party of the existence of this subpoena for a period of 365 days from the date of the order. If you ever plan to notify the relevant subscriber(s) of the existence of this subpoena, even after the 365-day period, please advise me before you do so, in case the investigation remains ongoing and the order needs to be renewed.¶

You are hereby directed to preserve, under the provisions of 18 U.S.C. §2703(f)(1) any and all information, including, if applicable, all emails/attachments or other content information, as well as any backup copies of such data or data designated for deletion, pertaining to the domain(s) and account(s) referenced in the accompanying subpoena, for a period of 90 days. This letter applies only retrospectively; it does not obligate you to capture and preserve new information that arises after the date of this letter.¶

Thank you for your cooperation in this matter.¶

Sincerely,¶

GEOFFREY S. BERMAN¶

United States Attorney¶

By:¶

Assistant United States Attorney Southern District of New York¶

EFTA00079942¶

1 9MAG11052¶

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

In Re Grand Jury Subpoena to Facebook, Inc., dated November 21, 2019, USAO Reference No. 2018R01618¶

§ 2705(b)¶

Non-Disclosure Order¶

to Service Provider¶

SEALED¶

Upon the application of the United States pursuant to 18 U.S.C. §2705(b):¶

1. The Court hereby determines that there is reason to believe that notification of the existence of the attached subpoena will result in one or more of the following consequences, namely, flight from prosecution; destruction of or tampering with evidence; intimidation of potential witnesses; or otherwise seriously jeopardizing an investigation or unduly delaying a trial.

Accordingly, it is hereby ORDERED:¶

2. Facebook, Inc. (the “Service Provider”) shall not, for a period of 365 days from the date of this Order (and any extensions thereof), disclose the existence of this Order or the attached subpoena, to the listed subscriber of the accounts referenced in the subpoena, or to any other person, except that the Service Provider may disclose the attached subpoena to an attorney for the Service Provider for the purpose of receiving legal advice.

3. This Order and the Application upon which it was granted are to be filed under seal until otherwise ordered by the Court, except that the Government may without further order provide copies of the Application and Order as need be to personnel assisting the Government in the investigation and prosecution of this matter, and disclose these materials as necessary to comply with discovery and disclosure obligations in any prosecutions related to this matter.

Dated: New York, New York¶

ligations in any prosec.¶

S/Sarah¶

UNITED ST¶

NOV 2 1 2019¶

S/Sarah Netburn¶

UNITED STATES MAGISTRATE JUDGE¶

SARAH NETBURN¶

United States Magistrate Judge¶

Southern District of New York¶