These operational guidelines are for law enforcement officials seeking Fanatico account records. This information may change at any time.
Requests for user information:
We disclose account records solely in accordance with our terms of service and applicable law, including the federal Stored Communications Act (“SCA”), 18 USC Sections 2701-2712. Under the SCA:
- A valid subpoena issued in connection with an official criminal investigation is required to compel the disclosure of basic subscriber records (defined in 18 USC Section 2703(c)(2)), which may include: name, length of service, credit card information, email address(es) and any recent login/logout IP address(es), if available.
- A court order issued under 18 USC Section 2703(d) is required to compel the disclosure of certain records or other information pertaining to the account, not including contents of communications, which may include message headers and IP addresses, in addition to the basic subscriber records identified above.
- A search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause is required to compel the disclosure of the stored contents of any account, which may include messages, photos, comments and location information.
It is important to note that some information we store is collected automatically, while other information is provided by the user. We do not require email or phone verification, and we do not require people to use real names or identities on Fanatico.
For additional information about Fanatico, please read our Privacy Policy and Terms of Use.
Data retention and availability:
We retain different types of information for different time periods. Given the volume of real-time content on Fanatico, some information may only be stored for a short period of time. We do not retain data for law enforcement purposes unless we receive a legally valid preservation request.
Information to include:
All requests must be made with particularity, including the specific data categories requested and date limitations for the request, as well as:
- The name of the issuing authority and agent, email address from a law enforcement domain and a direct contact phone number.
- The username of the Fanatico account in question on the relevant date and details regarding specific information requested and its relationship to your investigation. Usernames are not static, and we are unable to process requests that do not include the relevant date combined with the username.
Emergency requests:
In responding to a matter involving imminent harm to a child or risk of death or serious physical injury to any person and requiring disclosure of information without delay, a law enforcement official may submit a request through the Law Enforcement Online Request System at fanatico.com/records.
Important note: We will not review or respond to messages sent to this email address by non-law enforcement officials. Users aware of an emergency situation should immediately and directly contact local law enforcement officials.
Child safety:
We report all apparent instances of child sexual exploitation appearing on our site from anywhere in the world to the United States National Center for Missing and Exploited Children (NCMEC), in accordance with applicable law including content drawn to our attention by government requests. NCMEC refers matters to law enforcement authorities from around the world in order to help victims.
If a request relates to a child exploitation or safety matter, please specify these circumstances (and include relevant NCMEC report identifiers) in the request to ensure that we are able to address these matters expeditiously and effectively.
International legal process requirements:
We disclose account records solely in accordance with applicable terms of service and applicable law. A Mutual Legal Assistance Treaty request or letter rogatory may be required to compel the disclosure of the contents of an account. Further information can be found in our Privacy Policy.
Account preservation:
We will take steps to preserve account records associated with official criminal investigations for 90 days, pending our receipt of formal legal process. You may promptly submit formal preservation requests through the Law Enforcement Online Request System at fanatico.com/records or via email or post as indicated below.
User consent:
If law enforcement seeks information about a Fanatico user who has provided consent for the official to access or obtain the user’s account information, the user should be directed to acquire that information independently from their account. For account content, such as messages, photos, and videos, users can access Fanatico’s “Download Data” feature from their Privacy and Security settings.
Notification:
Our policy is to inform users of our service about requests for their information before disclosure, unless we are legally prohibited from doing so or in exceptional circumstances, such as child exploitation cases, emergencies, or when providing notice would be counterproductive. We will provide delayed notice upon the expiration of a specific non-disclosure period in a court order and when we have a good faith belief that exceptional circumstances no longer exist, and we are not otherwise prohibited by law from doing so. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other suitable process establishing that providing notice is prohibited. If your data request highlights an ongoing violation of our terms of use, we will take action to prevent further abuse, including actions that may inform the user that we are aware of their misconduct.
Testimony:
We are unable to provide expert testimony. Any records produced are self-authenticating and do not necessitate the testimony of records custodians. If a unique form of certification is required, please attach it to your records request.
Cost reimbursement:
We may seek reimbursement for costs incurred in responding to requests for information as provided by law. Atypical or burdensome requests may result in additional costs that we may recover. We may waive fees in matters relating to potential harm to children, our platform, our users, and emergency requests.
Submission of requests:
Online:
support@fanatico.com
Post:
4247 Piedmont Avenue
Oakland, CA
94611 United States
Phone: (650) 903-7922
