Every company that stores information—from banks to phone companies to email providers—should have policies and guidelines for responding to requests for user information from folks like law enforcement agencies, courts, etc. These are ours. Most of this information is intended for law enforcement, judicial and regulatory personnel. If you are none of these and have questions, browse our help articles.
What’s Xenon Cloud?
To learn more about Xenon Cloud, check out What’s Xenon Cloud? section below.
What user information does Xenon Cloud have?
What does Xenon Cloud require to produce user information?
For U.S. Law Enforcement
You must obtain a valid subpoena, court order or search warrant (“Law Enforcement Request”) to compel Xenon Cloud to provide any user’s information. To compel Xenon Cloud to provide any user’s content, you must obtain a valid search warrant.
For Non-U.S. Law Enforcement
You can’t compel Xenon Cloud to provide any user information unless you obtain a valid U.S. court order (via the mutual legal assistance treaties or letter rogatory).
What does Xenon Cloud need to share user information with law enforcement?
To respond to your Law Enforcement Request(s), we’ll need:
- The applicable Law Enforcement Request we described above
- A valid return email address from an official government domain
In order to make sure your Law Enforcement Request is narrow and does not seek more information than necessary (potentially at additional cost and time), we ask for the following:
- A sufficiently narrow/defined time period;
- A specific event or action that the subject took;
- A specific reference
How do I request the preservation of and/or production of user information?
Xenon Cloud must be notified in accordance with applicable U.S. law or valid legal process via our Law Enforcement Request Form. The electronic process only.
We’ll only respond to requests from law enforcement. If you aren’t law enforcement and have an issue, browse our help articles.
Acceptance of legal process doesn’t waive any objections Xenon Cloud may have, including jurisdiction or proper service.
Do you notify users of a preservation request?
No, we only notify users of Law Enforcement Requests for their information.
Do you notify users of a Law Enforcement Request?
Yes, our policy is to notify users of Law Enforcement Requests by providing them with a complete copy of the request before producing their information to law enforcement. We may make exceptions to this policy where:
- we are legally prohibited from providing notice (e.g. by an order under 18 U.S.C. § 2705(b));
- an emergency situation exists involving a danger of death or serious physical injury to a person;
- we have reason to believe notice wouldn’t go to the actual account holder (e.g. an account has been hijacked)
If we receive a National Security Letter (NSL) from the U.S. government that includes an indefinite non-disclosure order, our policy is to ask the government to seek judicial review of the order pursuant to the USA FREEDOM Act.
In cases where notice isn’t provided because of a court order or emergency situation, our policy is to provide notice to the user once the court order or emergency situation has expired.
Note: Officer authored affidavits, descriptions, cover letters or similar statements are not sufficient to preclude notice to our users. You must provide a court order issued in accordance with 18 U.S.C. § 2705(b) or cite an applicable statute if you wish to prohibit user notice of your Law Enforcement Request. Please contact us if you have any questions regarding this.
Do you include a copy of the Law Enforcement Request in your notice to users?
Yes, we include the complete Law Enforcement Request that was served on Xenon Cloud when we notify the user (unless prohibited from notifying the user—see above).
What are the costs of preservation and/or production requests?
If we may seek reimbursement for the actual costs of preserving and/or producing information, Xenon Cloud will provide a good faith estimate of such costs as part of our production or upon law enforcement request prior to our processing. Costs are based on the amount of data, time and resources required to process and query the raw data Xenon Cloud maintains.
Do you provide a Certificate of Authentication or Expert Testimony?
Xenon Cloud provides a certification from its records custodian with each production but is not generally able to provide in person testimony or expert witness.
If you are a user and aware of imminent harm to an individual or individuals, please contact local law enforcement authorities immediately.
In a situation where there is an emergency involving the danger of death or serious physical injury, law enforcement can submit a request for disclosure of user information to Xenon Cloud by contacting us at our emergency law enforcement email: firstname.lastname@example.org
We’ll only respond to emails from law enforcement. If you aren’t law enforcement and have an issue, browse our help articles. Emailing this alias is considered abuse.
Xenon Cloud will review and respond to these requests on a case-by-case basis.