EFTA00155600.pdf

U.S. Department of Justice Untied States Attorney Southern District of New York The Silvio 2 Moll° Building One Saint Andrew5. Plaza New York, New York 10007 November 21, 2019 VIA WEB PORTAL Facebook, Inc. Attention: Facebook Security, Law Enforcement Response Team 1601 Willow Road Menlo Park, California 94025 To whom it may concern: Please be advised that the accompanying grand jury subpoena has been issued in connection with an official criminal investigation of a suspected felony being conducted by a federal grand jury. Pursuant to the accompanying non-disclosure order issued under 18 U.S.C. § 2705(b), you are prohibited from notifying any subscriber or other third-party of the existence of this subpoena for a period of 365 days from the date of the order. If you ever plan to notify the relevant subscriber(s) of the existence of this subpoena, even after the 365-day period, please advise me before you do so, in case the investigation remains ongoing and the order needs to be renewed. 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 domain(s) and 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: Sincerely, GEOFFREY S. BERMAN United States Attorney Assistant United States Attorney Southern District of New York EFTA00155600 1 9MAG11052 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In Re Grand Jury Subpoena to Facebook, Inc., dated November 21, 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. Facebook, 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 obligrops in any prosedutions related to this matter. Dated: New York, New York • 'NOV 2 t 2019- S/Saiah Netburn UNITEDSTATES MAGISTRATE JUDGE SARAH NETBURN I" otates Magistrate Judge , tern District of New York EFTA00155601 Grand Jury Subpoena Ainitetro3tatez Piot:rid (&nrrt SOUTHERN DLSTRICZT OF NEW YORK TO: Facebook, Inc. Attention: Facebook Security, Law Enforcement Response Team 1601 Willow Road Menlo Park, California 94025 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: December 5, 2019 Appearance Time: 10:00 a.m. to testify and give evidence in regard to an alleged violation of : 18 U.S.C. §§ 1591, 371, 2423 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: See Attached Rider SEE ATTACHED RIDER Personal appearance is not re uired if the sted records are (1) produced by on or before the return date to Special Agent it: Federal Bureau of Pl /Human Trafficking, New York, NY 10278, telephone and (2) accompanied by an executed copy of the attached Declaration of Custodian of Records. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE. 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 November 21, 2019 GEOFf 13RMAN 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: rev. 02.01.12 EFTA00155602 RIDER (Grand Jury Subpoena to Facebook, Inc., dated November 21, 2019) Please provide all records for any accounts registered to or associated with the following identifiers: • Name: Ghislaine Maxwell • Phone numbers: • • • Email addresses: o 0 All records should include, but are not limited to, the following: 1. MI subscriber identifying information, including, but not limited to: a. name b. username or other subscriber identity or number c. address d. primary and alternate telephone numbers e. primary and alternate email addresses £ 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; and 6. Investigative files or user complaints concerning the subscriber, account, or phone number. 7. Any and all call records, including, but not limited to, incoming and outgoing calls with any call details, local and long distance usage details, all subscriber opening EFTA00155603 and/or registration documents, all subscriber identification and contact information, all subscriber billing and payment information, 8MS/text messaging records, IP history and login records, associated email addresses and/or screen names, and any additional accounts associated with any of the below-listed names, identifiers, addresses, phone numbers, and accounts listed and associated records for those accounts, from the date of registration of the phone number to present. N.B.: Personal appearance is not require ' ecords are (1) produced by on or before the return date to Special Agen t: Federal Bureau of Investigation 26 Federal Plaza, VCAC/Human Trafficking, New York, NY 10278, telephon ; and (2) accompanied by an executed copy of the attached Declaration of Custodian o ecords. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE. IMPORTANT: REOUEST FOR NON-DISCLOSURE Due to the ongoing nature of the investigation, it is requested that you do not disclose any information relating to this Grand Jury subpoena request to any third party. EFTA00155604 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 ' la, dated November 21, 2019, and signed by Assistant United States Attorney equesting 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. EFTA00155605