Internet Law: Are deleted Facebook posts recoverable by subpoena?
No. Ignoring technical issues (does the data even still exist?) and looking only at the legal side, the analysis depends on who's seeking the posts and in what context. It can get complicated in a hurry, but the basic rule in the U.S. is that contents of electronic communications (as opposed to metadata like time/date stamps) can only be produced to government agencies with a search warrant, and only to private parties (everyone else) with the consent of the subject.Posts, like email messages, are considered content. Government entities can subpoena the most basic user information (email address, etc.) but need a court order for more detailed metadata and a warrant (issued by a judge upon finding probable cause) for access to the contents. It's analogous to police looking at the outside of an envelope with address and postmark, etc., vs. opening and reading it. The law in question is the Stored Communications Act, a part of the Electronic Communication Privacy Act (ECPA).Private parties in litigation can subpoena user data / metadata but not content. ECPA is strict on that point. If you think about it, this actually makes sense: If you're litigating a dispute with someone, the court expects you to subpoena the other person to produce copies of messages herself (either by just handing it over or by voluntarily requesting her own records from the service provider and then delivering them) — or not: These things are fought over in litigation.Bottom line: Even if the data exists, law enforcement needs a warrant, and everyone else can't get from the service provider at all.
How long does it take for police to get Isp records and social media records?
It's hard to say. This would require a warrant so it'll largely depend on how quickly they can provide a judge with probable cause. Addionationally it will depend on the law enforcement (federal is likely faster than state, and large cities can do it faster than rural areas). Finally, some companies drag their feet when supplying information as the result of a warrant, so it will depend on the isp as well.
What does it take for law enforcement to get a Facebook subpoena? Do you have to commit a crime?
Darian Caplinger wrote a very good answer. A subpoena is an order from a court to produce a person or evidence. Operationally, they can be issued by law enforcement agencies or attorneys who are representing parties in the case. If the propriety of the subpoena is questioned, the party to whom the subpoena is issued can ask for a hearing to quash the subpoena. The court will then determine if the party that issued the subpoena has adequate grounds to compel production of the witness or the evidence. Subpoenas can be issued only to serve a legitimate court case or investigation. If there is no crime or civil action, there is no grounds for a subpoena. You can't issue a subpoena to satisfy a grudge or seek retribution, or for some other personal motive.All internet-based services like Facebook and Twitter have employees assigned to respond to subpoenas. In the case of large operations like the ones I named, there are probably multiple staff members assigned for this. Each service establishes their own policies on when they will release information without contesting the subpoena. In most cases, unless you're a cause celebre like Edward Snowden, they're going to hand over your information like the product sample lady at Costco.
What is required for police to subpoena records from online email provider & my ISP? Is it due to what crime is alleged? If my ip was used 1x to go to the email account, what do the police do next?
I have received subpoenas and provided the requested data.I’m afraid I don’t know the specific standards of evidence which were required to get the subpoena. Obviously a judge has to sign off on it, so there has to be evidence to convince a judge that there’s something worth investigating. Remember a subpoena does not mean you are charged with a crime, only that an investigation is happening.After we provide the requested information we have no further involvement, so I don’t know what they do next. As a matter of common sense, your IP being used one time or 10,000 times to “go to the email account” isn’t important, it’s important whether the time of access lines up with a time when that account was used in a crime.
How long does comcast store your internet history?
They keep the hard logs forever. That's only in the event that a law enforcement officer serves a warrant/subpoena requesting all logs relating to your ID or IP address. These records aren't browsed through (honestly, who would have the time to look through *everyone's* logs for every hour) nor are they filtered for certain "keywords" or illegal downloads. It's a purely automatic process for their servers to log all traffic across them. And mainly it's only used to track internet predators such as pedophiles or in extreme harassment cases. Just figure- you didn't sign a terms of use agreement with them, so they're not going to prosecute you based on porn or downloading history (no matter what the tabloids scream, there are protections and procedures in place to protect you) nor do they particularly care what you do- they're not the thought police.
Can police track you down through your computer?
I got some alert thing on Omegle when someone messaged me about 4/20 about the police tracking my computer now for something about illegal consumption of meth. is that true? will the police show up at my house tonight? haha. i sound idiotic. but yeah, answer my question. kay thanks. bye.
Dose Time Warner Cable record internet history?
Hey, Time Warner Cable does record internet data history, but they do not give the information away, unless a government-related officer or authorized person requests to see it. There has to be a legal reason, if they give away any internet activity, even to the account holder, you can't simply just ask for it. **** Answering the Question About The Link **** Let's say you read the terms of Apple, or Google, right? If it's not clear what information, you have the right to look at what exactly they take from you, and to clarify anything they use, their terms of service. "So, Google, you just record my Google searches, you don't give it out right? That logo, you created yourself, didn't steal it right?" Just the right to ask for clarification about anything they do or use, even about you. **** Clarifying Why **** Invasion of privacy, you can't just ask "hey, what's my roommate's internet activity." You need a very good legal reason. Not for no reason, a legal reason coming from the cops, say you're a hacker and they suspect it, then. Otherwise no one has ANY right to look at your data information.
How long does it take for the FBI or any other police to track your IP address, go to your home, and arrest you?
If you are using a laptop at home, your IP will not lead the police to your door, certainly not without a significant delay. You see, an IP address is just not that specific. Your home internet IP is determined by your Internet Service Provider (ISP), and they group lots of households together. You can look up your own IP online and you may see the name of your town, or even a neighboring town, but it will certainly not reveal your street or house number. Now if the police also had your MAC address that could get them to your exact location, but I think they would have to get your ISP to look it up for them.However if you are logged in at work, you may be using a "dedicated" IP addresses just for the business. The police would still have to contact your ISP and get them to look up the specific IP address, an IP location service would not be specific enough.Of course you could be using a Virtual Private Network (VPN), which will hide you from this kind of lookup altogether. Right now, because of my VPN, my IP address is reported as being in Canada, even though as you can see from my profile I live somewhere in the U.S.But if you happen to be on your cell phone rather than your laptop, then forget it. The cell towers can pinpoint your location to within a block, and if your phone has GPS, then they know your exact location. So if you really want to hide, lose your cell phone.It is very educational to lookup your IP address. Use a service like Networking Tools and you can see many other things that your internet connection reveals about you.
Subpoena for hacked facebook?
Not likely. Where did you get the IP address of the person that "hacked" your account? For the police to follow through on this they would have to subpoena records from Facebook to see what IP address had access to the site at the time in question, if Facebook actually tracks this. Then they would have to subpoena the owner of those IP addresses to find out who had access to that IP on that date and time. (As IP addresses for a person change all the time, unless they have a dedicated IP assigned by a service provider.) Then they would have to get a warrant to seize and access the computer(s) of the person who had that IP. Then they would have to assign a forensic investigator to go through that machine(s) and find evidence to prove that they did it and who was signed on to that computer at that time. Even then, anyone in the household may have had access to the password for that account, on that machine, at any given time so there could be multiple suspects. I just don't think the police are going to put that much work into finding out who changed your Facebook password. They really haven't committed much of an offense, if anything, as it stands. Good luck! D
Can the police track down your Ip address?
Yes, for most regular users if the police have co-operation from network providers.All IP addresses have an owner. Owners can be tracked. For most cases, the owner assigns an IP temporarily to you when you use their network. If you have a permanent IP address, game over.Otherwise, when you use their network, behind a firewall or not, you will likely already have had some form of agreement/login with the network provider. Your device also has a unique identifier, known as a MAC address, which the underlying network software uses to map the IP address onto, and most providers will keep a log of what IP address are assigned to what MAC address. In fact for most cases IPv6 addresses use part of the MAC address which can be used to confirm your device’s access of a particular service, assuming the police physically have your device.If you are accessing some service (FB, Twitter, Google, etc), that provider will have your IP address, and the “relevant authorities” can usually trace you down from these records, but they will need the co-operation of the network providers to do so. That is where tracing you down falls rapidly apart. If you have been following the news, providers are usually reluctant to give out that information, and will require a subpoena, so regular police without resources will fall over there. Also, networks cross borders, so you will need co-operation from authorities in that other country, as well as the providers.In the UK, the Investigatory Powers Bill - nicknamed the Snoopers' Charter - became law in 2016 which, et. al. required ISPs to retain records of sites visited by their customers for 1 year. This was fortunately successfully challenged and deemed unlawful in Jan this year as it conflicted right to freedom and privacy laws in the EU , and 2 days ago the UK government were given to 1 November 2018 to fix it.Big Brother? That’s it right there!If you are a little more informed, there are free anonymous proxies, or VPNs, which you can hide behind. These will perform the network operations on your behalf, so the IP address the authorities may have could be shared by several thousand other users at the same time. And then there is the dark web…