Support Center

Law Enforcement Support

Last Updated: Jul 19, 2012 02:24PM PDT

Overview

Myspace is committed to assisting law enforcement investigations to the fullest extent allowed by applicable law. In addition to this online resource, we have also included our detailed Law Enforcement Guide below for easy reference. Although Myspace no longer provides phone support, we still urge you to contact us directly* for any questions that are not answered here or within our Law Enforcement Guide. All requests that are not from law enforcement will not be answered. If you would like a Myspace representative to contact you via phone, please request so in the body of the email, along with a valid phone number. Unrelated support requests sent to this address will not be answered. 

 

Forms and Documents


Common Questions

What do I include in the request?

In addition to the cover sheet, the request itself must include the following information in order for us to comply with the request

  • A valid Myspace URL
  • A description of the data being sought after
  • If applicable, the date range of the data that is being sought after

What type of data does Myspace retain?

Myspace retains four basic categories of information that may be helpful in a criminal investigation. Please refer to the Law Enforcement Guide for what type of request is required, and additional information on each category.

Basic subscriber information,

IP activity

User created profile content

Private communications.

Can I request Myspace data using just an email address?

No- Legal requests that contain only an email address, proper name or any nickname that appears on the user's profile will be returned with a letter stating that the information provided is not sufficient to identify the profile. A valid Myspace URL is required on any request to Myspace for information.

What type of request is needed to get private communications from a Myspace user?

We accept two types of requests in order to release private messages or bulletins from a Myspace user.

  • Search Warrant
  • User Consent

We are unable to release a user's private communications with a subpoena or court order. MySpace is prohibited from lawfully producing the contents of a user's private mail messages without a search warrant by the Stored Communications Act, 18 U.S.C. §§ 2702-2703 ("SCA"), as it has been construed by the U.S. Circuit Courts of Appeal for the Ninth Circuit in Theofel v. Farey-Jones, 359 F.3d 1066 (9th Cir.), cert. denied, 125 S. Ct. 48 (2004), and the Sixth Circuit in United States v. Warshak,No. 08-3997, __ F.3d __, 2010 WL 5071766 (6th Cir. Dec. 14, 2010). Theofel held that the contents of e-mail messages held by a provider of an electronic communications service for less than 180 days may be deemed to be "in electronic storage," as that term is defined by 18 U.S.C. § 2510(17). The Ninth Circuit reaffirmed this holding in Quon v. Arch Wireless, 529 F.3d 892 (9th Cir. 2008). In Warshak, the Sixth Circuit held that the SCA is unconstitutional to the extent that it allows the government to compel production of a user's email contents from a provider without a search warrant issued based on probable cause. Accordingly, 18 U.S.C. § 2703(a) forbids MySpace from lawfully disclosing the contents of such messages to a governmental entity except pursuant to a search warrant or statutory exception such as the valid consent of the user.

Will a representative appear in person to certify the results that were sent, or provide testimony on behalf of Myspace?

Myspace, as a social network provider, receives thousands of subpoena requests every year. Due to the heavy demand this places upon Myspace's compliance personnel, Myspace must object to any and all subpoenas requesting out of state personal court appearances. These requests place an undue burden upon Myspace, as they require Myspace to spare limited compliance personnel and resources for the time required to travel to testify. Accordingly, Myspace requests that you accept a signed affidavit confirming the authenticity of any records produced by Myspace in lieu of an appearance.

If you are unwilling to accept an affidavit, please note that subpoenas from out-of-state civil litigants must be properly domesticated through a California court. Additionally, Myspace requires personal service of all requests for appearance. Myspace will accept personal service at 407 N. Maple Drive, Beverly Hills, CA 90210 between the hours of 9:30-12:30 and 2:30-5:30. All subpoenas should be addressed to the Custodian of Records for Myspace.com. Myspace cannot make any exceptions to this requirement as recently there have been at least two lawsuits filed against Internet Service Providers for responding to out-of-state process that have not been properly domesticated.

Where do I send the request and when can I expect the results?

Myspace will accept legal requests  from government agencies through fax, email, mail, or personal service. The preferred way of receiving the results is via email. For more information on the delivery and receipt of legal requests, please review the process

 
ms_help@support.myspace.com
http://assets03.desk.com/
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