[VoiceOps] Subpoena

mark at ecg.co mark at ecg.co
Wed Mar 8 17:30:48 EST 2017


I am not a lawyer, and this is not legal advice, but I believe it could be legitimate if your city, county, or state have ordinances allowing it. 

New York Civil Code appears to specifically allow this:
http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-2302.html
http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-2305.html

You can probably determine by what statutory authority the city official is issuing the subpoena. 

Not being lawyers, ECG advises our VoIP clients to behave as if they have the same duty to protect CPNI as any interconnected provider.  A lawyer could work out your obligation, but they'd need to understand the intersection of city code with Section 222(c)(1) of the Communication Act (where it says that "except as required by law", telecommunications carriers have a responsibility to protect privacy of CPNI).


Mark R Lindsey, SMTS 
+1-229-316-0013
mark at ecg.co
http://ecg.co/lindsey/



> On Mar 8, 2017, at 17:15 , Jay Patel <clecny at gmail.com> wrote:
> 
> Hi 
> 
> Has anyone seen subpoena signed by local city official?  We usually get subpoena for CDR request signed by  Judge.  
> 
> This is first time we saw a  local city official asking for CDR. We really want to know industry practice for this kind of request.
> 
> Thanks in advance.
> 
> -Jay
> 
> 
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