Download the most recent version at:
https://wakie.com/lawenforcementguide.pdf Mailing Address: Custodian of Records Wakie, Inc. 250 Middlefield rd., Menlo Park, CA 94025
Law Enforcement Email for General Inquiries and to Send Legal Process: synergy@wakie.com
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Table of Contents
I. Wakie and Law Enforcement ..……………………………………… 3
II. Wakie's User Notice Policy …………………………………...…….. 4
III. How Wakie Works ……..………………………………………...…... 4
IV. Locating a Wakie Account ……..……………………………………. 5
V. User Records Maintained by Wakie and the Legal Process Required to Obtain Those Records ......….……..... 5
VI. Preservation Requests ………………..……………..………………. 7
VII. Emergency Requests ……………………..…………………………. 7
VIII. Wakie Retention Periods …………………………………………….. 8
IX. Sample Language and Forms ……………………………..……….. 8
A. Sample Language for Basic Subscriber Information and Public Information ……………….. 9
B. Sample Language for Message Logs ……………………….. 9
C. Sample Preservation Request Letter …….……………….… 9
D. Sample Emergency Disclosure Form …………………….…10
I. Wakie and Law Enforcement Wakie is a mobile phone application available through the iPhone App Store and Google Play. It is a social app for phone calls where you set a topic and get to have a phone call with someone interested in your topic. Besides calling, users also communicate through photos, videos, and text. The purpose of this guide is to familiarize U.S. law enforcement agencies with the categories of information available from Wakie and the specific legal process needed to compel that information.
This guide provides information for domestic U.S. governmental and law enforcement agencies. International governmental and law enforcement agencies must rely on the mechanics of the Mutual Legal Assistance Treaty ("MLAT") or letters rogatory to seek user information from Wakie.
Wakie may provide this guide to international agencies to help them understand how Wakie works, but the legal process and emergency disclosure provisions apply only to U.S. agencies.
Wakie is committed to assisting law enforcement investigations as the law requires. That is why we provide not only this guide but also phone and email support to law enforcement agencies for both emergency and non-emergency inquiries. Contact information for Wakie's law enforcement support is listed on the cover of this guide.
For the most part, Wakie's ability to disclose user information is governed by the Electronic Communications Privacy Act, 18 U.S.C. §2701, et seq. ("ECPA"). ECPA mandates that Wakie disclose certain user information to law enforcement only in response to specific types of legal process, including subpoenas, court orders, and search warrants. Generally speaking, ECPA authorizes law enforcement to compel Wakie to disclose basic user identity information, login information, and account content (definitions provided in Section IV of this guide) in response to appropriate legal process.
It is important to recognize that Wakie cannot provide legal advice to law enforcement officials. So if you need further clarification about ECPA's restrictions on providers like Wakie, we suggest that you contact the Department of Justice's Computer Crime and Intellectual Property Section (CCIPS) at 202-514-1026 and ask to speak to the Duty Attorney.
II. Wakie's User Notice Policy
Starting September 1, 2016, it will be Wakie's policy to notify its users when we receive legal process seeking their records, information, or content. Wakie will recognize two exceptions to this policy. First, Wakie will not notify users of legal process where providing notice is prohibited by a court order issued under 18 U.S.C. § 2705(b) or by other legal authority. Second, where Wakie, in its sole discretion, believes an exceptional circumstance exists, such as cases involving child exploitation or the threat of imminent death or bodily injury, Wakie reserves the right to forgo user notice.
III. How Wakie Works Topics
Topics are created by Askers. They can choose one of preset topics or create their own topic. The Topic will be shown to other users (Givers) who are supposed to be interested in that topic. While Askers keep the Topic in voice search mode Givers can pick up the Topic and have a voice conversation (Voice over IP call). Or they can write text comments, voice messages or attach photos and videos. Askers can set Topics as anonymous or text only. Messages Users can send personal messages to each other. To start a chat they send the first message and receiver decides to accept or decline the chat. If the chat was declined, then initiator can not write more messages to the receiver. Accepted chats can be blocked anytime. Reporting and blocking Users can block other users they don't want to see and they will not see any content from them again, including topics, comments and messages. In case of violation of rules users can report violators and Wakie moderators will study the case.
IV. Locating a Wakie Account
Before sending a legal request to Wakie, you must first identify the user ID of the account. If you are unable to locate a user ID, Wakie can try—with varying degrees of success—to locate the account with a username, phone number or email address.
V. User Records Maintained by Wakie and the Legal Process Required to Obtain Those Records
Note: Please send all legal process via email to synergy@wakie.com
Wakie can release user records on a non-emergency basis only if it receives legal process that fully complies with ECPA. The required legal process varies depending on the type of user information you seek:
a. Basic Subscriber Information and Public Information Basic subscriber information is collected when a user creates a new Wakie account, alters information at a later date, or otherwise interacts with the Service. Please note that not all listed information is required, and that user-provided subscriber information is not always independently verified by Wakie. Basic subscriber information may include:
● Wakie username
● Email address
● Phone number
● Wakie account creation date
● The latest IP address of account login
● Public information is information that is visible in public sections of Wakie, like feed of non-anonymous topics and comments.
Process required for basic subscriber information and Public Information: This information can be obtained through a subpoena (including one issued by a grand jury), administrative subpoena, or civil investigative demand pursuant to 18 U.S.C. § 2703(c)(2); a court order issued in accordance with 18 U.S.C. § 2703(d); or a federal or state search warrant.
b. Log of Previous Messages Wakie retains logs of previous messages sent and received. The logs contain meta-data about the messages, but not the content. Process required for the log of previous messgaes: This information is available pursuant to a court order under 18 U.S.C. § 2703(d) or a federal or state search warrant.
c. Message Content
In certain limited circumstances it may be possible for Wakie to retrieve the content of sent messages. The reason Wakie often will not be able to retrieve message content is that Wakie usually deletes old messages. Process required for message content: A federal or state search warrant is required for requests that include message content.
d. International Governmental and Law Enforcement Requests
International governmental and law enforcement agencies must use MLAT or letters rogatory processes to seek user information from Wakie.
Please note: Wakie is continuously being updated with new features to improve the user's experience and functionality of the service. When providing Wakie with legal process for user records, please provide the following details: the user ID and username of the account you seek information from, whether the results must be returned before a specific date, and where the results should be returned. Wakie accepts service through email (synergy@wakie.com). Wakie may produce documents in response to out-of-state domestic legal process such as subpoenas, court orders, emergency requests, and search warrants.
VI. Preservation Requests
Wakie honors requests from law enforcement to preserve information in accordance with 18 U.S.C. § 2703(f). Upon receiving a preservation request on law enforcement department letterhead, Wakie will preserve available account information associated with the username listed in the request in an offline file for up to 90 days and will extend the preservation for one additional 90-day period on a renewed request.
Note regarding all legal requests following preservations: When serving follow-up legal process for information that was previously the subject of a preservation request, please specify whether the request is seeking both the information preserved and any updated user account information. To expedite our response, please also refer to any prior preservation requests by date, or if you received a confirmation email, provide us with the Wakie case number.
VII. Emergency Requests
Under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4), Wakie is able to disclose information voluntarily when we believe in good faith that an emergency posing a threat of death or serious physical injury to any person requires the immediate disclosure of this information. All other law enforcement questions or general inquiries should be sent to synergy@wakie.com. All emergency requests must be signed by a sworn law enforcement officer, and those received through email must come from a valid law enforcement email address. Sample Emergency Disclosure form language is provided in section VIII of this Guide. When drafting your emergency disclosure request, please describe the nature of the emergency as specifically as possible and specify the information that you are seeking to resolve the emergency situation.
VIII. Wakie Retention Periods
Wakie retains different types of user information for different periods of time. Wakie honors valid law enforcement preservation requests made during the period the requested user information is available.
Basic Subscriber information and Public Information: The basic subscriber information entered by a user in creating an account as well as the public information is maintained as long as the user has not edited the information or removed the information from the account. Once the user makes a change, the previously existing information is overwritten. Upon receipt of a preservation request, however, Wakie can capture the user information available at that time; and future actions by the user will not affect the preserved user information. Wakie also retains the latest logs containing IP addresses associated with the latest account login for a limited period of time after the user has deleted his or her Wakie account.
Log information. Wakie retains logs of previous messages and may, under certain limited circumstances, store the content of users' messages (see the previous discussion of message content in Section IV.C).
IX. Sample Language and Forms
This section provides sample language that law enforcement may use to complete the section of their legal process identifying the information they seek from Wakie. These are examples of the most commonly requested information from Wakie. It is important to be as specific as possible when identifying the information you are requesting from Wakie.
a. Sample Language for Basic Subscriber Information and Public Information: "Records concerning the identity of the user with the user ID ______ consisting of the email address, phone number, account creation date, and IP address for account logins."
OR
"Records concerning the identity of the user with the user ID ______ consisting of Topic IDs where user was active."
b. Sample Language for Message Logs
"Logs, including sender, recipient, date, and time, concerning the previous Messages sent to or from the Wakie account with the user ID ________________."
c. Sample Preservation Request Letter (Must be on law enforcement department letterhead and sent from an official governmental email address)
Dear Custodian of Records:
The below listed account is the subject of an ongoing criminal investigation at this agency, and it is requested pursuant to 18 U.S.C. § 2703(f) that the subscriber information associated with said account be preserved pending the issuance of a search warrant or other legal process seeking disclosure of such information:
[Specify username to be preserved].
I understand that Wakie reserves the right to delete any account that violates its Terms of Use. If you have any questions concerning this request please contact me at [insert e-mail address and phone contact]
Sincerely,
(Your Signature)
(Your Name Typed)
(Your Title Typed)
d. Sample Emergency Disclosure Form (Must be on the investigating agency or department letterhead and sent from an official governmental email address.) Dear Custodian of Records:
I request release of records for the Wakie account associated with ______________(user ID, username, email address, or phone number) on an emergency basis pursuant to 18 U.S.C. § 2702(b)(8) and § 2702(c)(4).
I have provided below answers to the following questions in enough detail as I am able in order to provide a good-faith basis for releasing records on an emergency basis:
● What is the nature of the emergency involving a danger of death or serious physical injury?
● Whose death or serious physical injury is threatened?
● What specific information in Wakie's possession related to the emergency are you requesting?
Signature of Sworn Officer _____________________
Printed Name of Sworn Officer ______________________
Agency ________________________
Date ________________________