Law enforcement subpoenas to communications providers can request call detail records, subscriber names, addresses, and payment information and can be issued with secrecy (non-disclosure) orders barring the provider from notifying the subscriber.
December 10, 2024
high
procedural
Describes common evidentiary and non-disclosure tools available to prosecutors when seeking records from communications service providers.
Subpoenas for telephone toll records typically specify a defined date range (for example, a multi-day period) for which call-detail records are sought.
high
procedural
Limiting subpoenas to a specific time window is a common practice when requesting call records.
Court-issued gag orders can direct third-party service providers (for example, telecommunications companies) not to notify subpoenaed individuals or entities about the existence of a subpoena.
high
legal
Gag orders may impose nondisclosure obligations on recipients of subpoenas or related process.
Subpoenas for telecommunications records in federal investigations can be accompanied by nondisclosure orders directing providers not to notify targets, which can raise legal issues when the records sought concern members of Congress or other constitutionally protected actors.
high
legal
Intersection of investigative subpoena practice, provider gag orders, and constitutional protections for certain categories of individuals.