EFTA00079942.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. Sincerely, GEOFFREY S. BERMAN United States Attorney By: Assistant United States Attorney Southern District of New York EFTA00079942  1 9MAG11052 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK § 2705(b) In Re Grand Jury Subpoena to Facebook, Non-Disclosure Order Inc., dated November 21, 2019, USAO to Service Provider Reference No. 2018R01618 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 • S/Saiah Netburn 'NOV 2 t 2019- UNITEDSTATES MAGISTRATE JUDGE SARAH NETBURN I" otates Magistrate Judge , tern District of New York EFTA00079943  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Application for § 2705(b) In Re Grand Jury Subpoena to Facebook, Inc., Grand Jury Non-Disclosure dated November 21, 2019, USAO Reference Order to Service Provider No. 2018R01618 SEALED STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) 1 9MAG11052 pursuant to Title 28, United States Code, Section 1746, hereby affirms under penalty of perjury the truth of the facts set forth herein: 1. lam an Assistant United States Attorney in the Office of the United States Attorney for the Southern District of New York and am familiar with the investigation underlying this request. I respectfully submit this application under 18 U.S.C. § 2705(b) for an order to Facebook, Inc., (the "Service Provider"), headquartered at Willow Road, Menlo Park, California 94025, not to notify any person (including the subscribers or customers of the account(s) listed in the attached subpoena) of the existence of the attached subpoena for a period of 365 days from the date of the non-disclosure order herein requested. 2. The Service Provider is a provider of an electronic communication service or a remote computing service within the meaning of 18 U.S.C. §§ 2510(15) & 2711(2). Section 2703(c)(2) of Title 18 authorizes the Government to obtain enumerated subscriber information and certain other non-content information from a provider of an electronic communication service or a remote computing service via grand jury subpoena. The Government is preparing to serve a grand jury subpoena, in the form attached to the accompanying proposed Non-Disclosure Order, on the Service Provider directing it to disclose information within those categories. EFTA00079944  jury subpoena, 18 U.S.C. 3. When the Government seeks such information via grand g a provider of electronic § 2705(13) authorizes the Court to issue an order commandin a warrant, subpoena, or court communications service or remote computing service to whom appropriate, not to notify any other person of order is directed, for such period as the court deems The court shall enter such an order if it the existence of the warrant, subpoena, or court order. of the existence of the warrant, determines that there is reason to believe that notification subpoena, or court order will result in-- dual; (1) endangering the life or physical safety of an indivi (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or unduly delaying a (5) otherwise seriously jeopardizing an investigation or trial. the account holder is 4. In this case, such an order would be appropriate because involved in the conduct under suspected of being involved in or associated with persons notification of the existence of the investigation. Accordingly, there is reason to believe that n, including by giving targets an attached subpoena will seriously jeopardize the investigatio evidence, including electronically stored opportunity to flee or avoid prosecution, or tamper with t anticipates that these circumstances information that is easily tampered with. The Governmen rnment believes that 365 days is an will continue for the next 365 days. Accordingly, the Gove , subject to extension upon further appropriate delay of notice period for the Court to order application if necessary. requests that the Court 5. For the reasons set forth above, the Government further until further order of the Court, order that this Application and any resulting order be sealed 2 EFTA00079945 except that the Government may provide copies of the application and order as need be to personnel assisting the Government in the investigation and prosecution of this matter, and may disclose these materials as necessary to comply with discovery and disclosure obligations in any prosecutions related to this matter. 6. No prior request for the relief set forth herein has been made. WHEREFORE the Government respectfully requests the Court to enter the accompanying proposed 2705(b) Non-Disclosure Order. Dated: New York, New York November 21, 2019 i tant United States Attorney 3 EFTA00079946 Grand Jury Subpoena Ainitetro3tatezPiot:rid (&nrrt SOUTHERN DLSTRICZT OF NEW YORK TO: Facebook, Inc. Team Attention: Facebook Security, Law Enforcement Response 1601 Willow Road Menlo Park, California 94025 GREETINGS: es being laid aside, you appear and attend WE COMMAND YOU that all and singular business and excus for the Southern District of New York, at before the GRAND JURY of the people of the United States the Borough of Manhattan, City of New the United States Courthouse, 40 Foley Square, Room 220, in following date, time and place: York, New York, in the Southern District of New York, at the Appearance Date: December 5, 2019 Appearance Time: 10:00 a.m. of : to testify and give evidence in regard to an alleged violation 18 U.S.C. §§ 1591, 371, 2423 of the United States Attorney, and that you and not to depart the Grand Jury without leave thereof or ing: bring with you and produce at the above time and place the follow See Attached Rider ed if the uested records are (1) SEE ATTACHED RIDER Personal appearance is not requir at: Federal Bureau of produced by on or before the return date to Special Agent York, NY 10278, telephone: Investigation. 26 Federal Plaza. VCAC/Human Trafficking, New ; and (2) accompanied by an executed copy of the attached ELECTRONIC FORMAT IF Declaration of Custodian of Records. PLEASE PROVIDE IN POSSIBLE. constitute contempt of court and will Failure to attend and produce any items hereby demanded will to other penalties of the Law. subject you to civil sanctions and criminal penalties, in addition DATED: New York, New York November 21, 2019 bt'i/ 34/-1/1 GEOFf l3RM AN United States Attorneyfor 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 EFTA00079947  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: i • Email addresses: o I 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 EFTA00079948  contact information, and/or registration documents, all subscriber identification and ging records, IP all subscriber billing and payment information, 8MS/text messa n names, and any history and login records, associated email addresses and/or scree s, identifiers, additional accounts associated with any of the below-listed name records for those addresses, phone numbers, and accounts listed and associated present. accounts, from the date of registration of the phone number to records are (1) produced by on N.B.: Personal appearance is not require • at: Federal Bureau of or before the return date to Special Agen InvestigatisaScabaimargalgag, New York, NY 10278, ; and (2) accompanied by an telephone Records. PLEASE PROVIDE executed copy of the attached Declaration of Custodian of IN ELECTRONIC FORMAT IF POSSIBLE. IMPORTANT: REOUEST FOR NON-DISCLOSURE you do not Due to the ongoing nature of the investigation, it is requested that ena reque st to any third party. disclose any information relating to this Grand Jury subpo EFTA00079949  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 J S dated November 21, 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. EFTA00079950