On Sun, Apr 29, 2001 at 10:11:40PM -0700, Sandy Sandfort wrote:
> Kevin wrote:
>
> > From recent experience, LE provides us
> > with an order to preserve certain logged
> > information. The order is in advance of
> > obtaining a search warrant...
>
> What form do these "orders" take? Who, specifically, makes the order? What
> authority is cited to back up the power to make such "orders"? What does
> your lawyer say about the validity of these "orders"?
It's a written notice that a search warrant is being prepared.
The ECPA allows for orders to preserve electronic evidence
(section 2704 deals with this).
I'm one step removed from the paperwork, but our
lawyers make the call on validity of all the
paperwork and what we're required to turn over.
In this specific case, they wanted mail transaction logs and
mailbox contents including backups. These were turned over
when we recieved the warrant. I think the delay was due to
jurisdiction issues (Federal/State) and they were trying to
decide if they should get a wiretap order for the users PC.
Usually the order precedes the warrant by a few days, this
took 6 weeks.
--
Kevin L. Prigge
Internet Services
U of MN, Twin Cities
