EFTA00123465.pdf

Grand Jury Subpoena prtiletratutroPistritt Court SOUTHERN DISTRICT OF NEW YORK TO: Apple, Inc. Privacy and Law Enforcement Compliance One Apple Park Way, M/S 169-5CLP Cupertino CA 95014-2084 Email: GREETINGS: WE COMMAND YOU that all and singular business and excuses being laid aside, you appear and attend before the GRAND JURY of the people of the United States for the Southern District of New York, at the United States Courthouse, 40 Foley Square, Room 220, in the Borough of Manhattan, City of New York, New York, in the Southern District of New York, at the following date, time and place: Appearance Date: August 21, 2019 Appearance Time: 10:00 a.m. to testify and give evidence in regard to an alleged violation of : 18 U.S.C. §§ 371, 1001, 1519 and not to depart the Grand Jury without leave thereof, or of the United States Attorney, and that you bring with you and produce at the above time and place the following: Please see attached rider. Personal appearance is not required if the requested records are (1) produced on or before the return date to Assistant U.S. Attorney of the United States Attorney's Office, I St. Andrew's Plaza, New York, NY 10007. Tel: , email: I , and (2) accompanied by an executed copy of the attached Declaration of Custodian of Records. Ref No. 2019R0159. Failure to attend and produce any items hereby demanded will constitute contempt of court and will subject you to civil sanctions and criminal penalties, in addition to other penalties of the Law. DATED: New York, New York August 13, 2019 oro alit's. Li m GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Assistant United States Attorney One St. Andrew's Plaza New York, New York 10007 Telephone: Email: ver . 02.01.1_ EFTA00123465 RIDER (Grand Jury Subpoena to Apple, Inc. dated August 13, 2019) Ref. No. 2019R01059 For the iCloud account(s) registered to the following phone numbers: Please produce: I. All subscriber identifying information, including, but not limited to: a. name b. iCloud account username or other subscriber identity or number c. address d. primary and alternate telephone numbers e. primary and alternate email addresses f. date of birth g. social security number h. any temporarily assigned network address i. MAC address j. Browser and operating system information 2. Records of session times and durations and any IP addresses used by the subscriber at the beginning, end, and at any time during these sessions; 3. Length of service (including start date) and types of service utilized; 4. Means and source of payment for services (including any credit card or bank account number). 5. Account notes and logs, including any customer-service communications or other correspondence with the subscriber; 6. Services utilized, including all Apple and third-party applications associated with the account; 7. Other devices to which the iCloud account is connected; and 8. Investigative files or user complaints concerning the subscriber. In lieu of an appearance you may comply with this subpoena by providing the requested information, alon with a business records certification pursuant to Fed. R. Evid. 803(6) to Assistant U.S. Attorney of the United States Attorne 's Office, 1 St. Andrew's Plaza, New York, NY 10007. Tel: email: EFTA00123466 Declaration of Custodian of Records Pursuant to 28 U.S.C. § 1746, I, the undersigned, hereby declare: My name is (name of declarant) I am a United States citizen and I am over eighteen years of age. I am the custodian of records of the business named below, or I am otherwise qualified as a result of my position with the business named below to make this declaration. I am in receipt of a Grand Jury Subpoena, dated August 13, 2019, and signed by Assistant United States Attorney , requesting specified records of the business named below. Pursuant to Rules 902(11) and 803(6) of the Federal Rules of Evidence, I hereby certify that the records provided herewith and in response to the Subpoena: (1) were made at or near the time of the occurrence of the matters set forth in the records, by, or from information transmitted by, a person with knowledge of those matters; (2) were kept in the course of regularly conducted business activity; and (3) were made by the regularly conducted business activity as a regular practice. I declare under penalty of perjury that the foregoing is true and correct. Executed on (date) (signature of declarant) (name and title of declarant) (name of business) (business address) Definitions of terms used above: As defined in Fed. R. Evid. 803(6), "record" includes a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses. The term "business" as used in Fed. R. Evid. 803(6) and the above declaration includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. EFTA00123467 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Motto Building One Saint Andrew's Plaza New York. New Yor* 10007 August 13, 2019 Via Email Apple, Inc. Privacy and Law Enforcement Compliance One Apple Park Way, M/S 169-5CLP Cupertino, CA 95014-2084 Email: To whom it may concern: You are hereby directed to preserve, under the provisions of 18 U.S.C. § 2703(0(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 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. By: Very truly yours, GEOFFREY S. BERMAN United States Attorney Assistant United States Attorney EFTA00123468