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You can get subpoenas that ask for data longer than your window, in which case you have to have a longer one, even if the reachback is shorter.

Watch out for smaller jurisdictions that might have “you should have expected” laws that says your 48hr window is too short.




As I recall (and I'm not a lawyer so don't rely on this advice) the lawyers had advised that as long as the retention period was published, even if a subpoena asked for a longer look back you could meet your obligation by returning "all the data you had" which would only be 48hrs worth.

Had a jurisdiction said, "You should have expected ..." I expect our response would have been, "We have published what we retain, me meet conform to federal and state laws you knew ahead of time we wouldn't have more than 48 hrs worth."

That said, jurisdiction when it comes to the Internet is always kind of "weird". Did you use the web service in your house in Columbus OH, or did you use the web service on a server in a data center in California? Also as I recall our TOS also had a requirement that any legal action be brought in California but I don't think we ever tested that in court.


I tested the court jurisdiction a few times, but had mixed results. I tried to quash first anyhow.

The NSA and SS can get quite testy about it and make you wish you were dealing with the FBI.




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