Court filing, 2019-12-11

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

19MAG11629¶

In Re Grand Jury Subpoena to Lyft, Inc., dated December 11, 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. Lyft, 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¶

DEC 1 1 2019¶

UNITED STATES MAGISTRATE JUDGES¶

SARAH L. CAVE UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF NEW YORK¶

UNITED STATES MAGISTRATE JUDGE¶

SARAH L. CAVE¶

UNITED STATES MAGISTRATE JUDGE¶

SOUTHERN DISTRICT OF NEW YORK¶

EFTA00079960¶

19MAG11629¶

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

In Re Grand Jury Subpoena to Lyft, Inc., dated December 11, 2019, USAO Reference No. 2018R01618¶

Application for § 2705(b)¶

Grand Jury Non-Disclosure Order to Service Provider¶

SEALED¶

STATE OF NEW YORK )¶

) ss.¶

COUNTY OF NEW YORK )¶

pursuant to Title 28, United States Code, Section 1746, hereby affirms under penalty of perjury the truth of the facts set forth herein:¶

1. I am an Assistant United States Attorney in the Office of the United States Attorney for the Southern District of New York and am familiar with the investigation underlying this request. I respectfully submit this application under 18 U.S.C. § 2705(b) for an order to Lyft, Inc., (the “Service Provider”), headquartered at 185 Berry Street, Suite 5000, San Francisco, CA 94107, not to notify any person (including the subscribers or customers of the account(s) listed in the attached subpoena) of the existence of the attached subpoena for a period of 365 days from the date of the non-disclosure order herein requested.

2. The Service Provider is a provider of an electronic communication service or a remote computing service within the meaning of 18 U.S.C. §§ 2510(15) & 2711(2). Section 2703(c)(2) of Title 18 authorizes the Government to obtain enumerated subscriber information and certain other non-content information from a provider of an electronic communication service or a remote computing service via grand jury subpoena. The Government is preparing to serve a grand jury subpoena, in the form attached to the accompanying proposed Non-Disclosure Order, on the Service Provider directing it to disclose information within those categories.

EFTA00079961¶

3. When the Government seeks such information via grand jury subpoena, 18 U.S.C. §2705(b) authorizes the Court to issue an order commanding a provider of electronic communications service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena, or court order. The court shall enter such an order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in—

(1) endangering the life or physical safety of an individual;¶

(2) flight from prosecution;¶

(3) destruction of or tampering with evidence;¶

(4) intimidation of potential witnesses; or¶

(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.¶

4. In this case, such an order would be appropriate because the account holder is suspected of being involved in or associated with persons involved in the conduct under investigation. Accordingly, there is reason to believe that notification of the existence of the attached subpoena will seriously jeopardize the investigation, including by giving targets an opportunity to flee or avoid prosecution, or tamper with evidence, including electronically stored information that is easily tampered with. The Government anticipates that these circumstances will continue for the next 365 days. Accordingly, the Government believes that 365 days is an appropriate delay of notice period for the Court to order, subject to extension upon further application if necessary.

5. For the reasons set forth above, the Government further requests that the Court order that this Application and any resulting order be sealed until further order of the Court,

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EFTA00079962¶

except that the Government may provide copies of the application and order as need be to personnel assisting the Government in the investigation and prosecution of this matter, and may disclose these materials as necessary to comply with discovery and disclosure obligations in any prosecutions related to this matter.¶

6. No prior request for the relief set forth herein has been made.

WHEREFORE the Government respectfully requests the Court to enter the accompanying proposed 2705(b) Non-Disclosure Order.¶

Dated: New York, New York December 11, 2019¶

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