That Time my Facebook Profile Was Subpoenaed

It was a Friday afternoon around lunch time, and I decided to check my personal email since I had a quiet moment.

I’m in my ‘Primary’ tab when I see the subject line ‘Re: Your Facebook Account” – from Law Enforcement Response Team (LERT). Surely this is spam as I click to open the email (I know better than to click on links/download files in spammy emails, so just go with it.), but it looked too real. It read:

Hi,
We have received legal process from law enforcement seeking information about your Facebook account. The requesting agency may be reached at the contact information below. If we do not receive a copy of documentation that you have filed in court challenging this legal process within seven (7) days, we will respond to the requesting agency with information about the requested Facebook account. Please respond to this message with a copy of any documents you file with the court.
Agency contact information: XXXXXXXXXX County District Attorney
Agency case number: XXXXXXXXXX-XX
Court: XXXXXXXXXX County Supreme Court

Facebook

Say what??

I have 7 days to challenge this legal process in a state that isn’t the one I live in, regarding a case I know nothing about.

So I reply back and ask which state the county is in (because there are multiple counties with this name in the US after a quick Google search) and the email didn’t specify.

Worried that it might be spam, I forwarded the email to another Facebook email address asking if this was a legit notification. A couple hours later, I get a response back from the LERT team (a different email address than the one I sent my 2nd email to, confirming this was indeed really happening):

We have received your correspondence, but have not received a copy of documentation that you have filed in court challenging the legal process associated with your account. As we previously mentioned, we are required to respond to the legal process unless we receive such documentation within seven (7) days from that date upon which we sent you the original notification.

I reiterated that I wanted to know what state this case was in, so I could further investigate. Simple request, you would think! An hour later, they re-sent me the same email I initially received, and tacked on the state the court was located in. Ugh.

While waiting on FB, I made a guess to the state and called the Supreme Court, and no one could help me there. Then I called the District Attorney’s office and talked to the Assistant District Attorney’s secretary, with not much luck. She was going to follow up with the ADA to see if she could reach out to me regarding the case. I tried calling back before the end of the day and they indicated that they had the wrong profile and that they didn’t need my information. The ADA’s secretary indicated they’d contact Facebook to let them know it was a case of mistaken identity.

In the meantime, I reached out to lawyer friends (who were super helpful, thanks Dylan!) and my friend list to see if anyone practiced law in the state this case took place. Surprisingly, a sorority sister’s dad did, but was holding off on contacting him until I heard back from the ADA.

Fast forward to Monday.

I hadn’t heard anything from Facebook (surprise, surprise) or the ADA, so I called the ADA back. Stressed, as my time was running out. I’ve been a Facebook user since April of 2005. That’s a LOT of history for them to pull, and when your profile is subpoenaed, Facebook will give law enforcement everything. Everything. If you’ve never seen what is provided, take a look at this link. And if for some chance it was used in a public case, it then becomes public record. And I really didn’t want my almost ten years worth of data out there for the public to see. Not that I have anything to hide, but still!

I talked to a different person at the ADA’s office, and I think she took pity on me. She told me the case against the man they were after involved 2 counts of assault and one count of child endangerment. I reiterated that I had nothing to do with this case at all. She asked if I could hold, so that she could look out in the hallway for the ADA.

Luckily, she found her and I was able to speak to the actual ADA on the case, and she let me know that she’d emailed Facebook regarding their request to let them know they had selected the wrong profile and that they didn’t need my information, they needed someone else’s. Whew.

I knew it was mistaken identity, but now I had to deal with Facebook. Ugh.

I begged her to send me the email she sent to Facebook (along with their response), so I could forward it to the LERT to get my profile cleared from their list, AND copied the ADA on my email to them.

Hello LERT team,

Please advise if this request has officially been closed.

I’ve copied the ADA on the case, and am providing additional details about my account. It appears they were looking for “XXXXX”, my display name is “XXXXX”. My user profile URL is http://www.facebook.com/XXXXXX. I am not “XXXXX”, that appears to be a different user URL on your website.

I am NOT the person they are looking for, and ADA XXXX has noted that in Facebook Case #XXXXXX. As the email she provided you has sensitive case information, I don’t have any more details, but she has confirmed that they do not need my account information, therefore I will not be filing any challenges to the court, but expect that my account details will not just be handed over.

Please confirm that this request is closed/null. If you need ADA XXXXXX to provide an email response to this thread in order to do so, please let me know.

I would like to have this resolved today if at all possible.

Many thanks,
Amy

No response. Imagine that.

So on Tuesday, I emailed them AGAIN regarding my email.

Later that day, I received this charming response from the LERT:

Hi Amy,

Yes, we have received your correspondence regarding the request.

Thanks,
Facebook

You’ve got to be kidding me…right? I got a little testy after that one…

Hi LERT team,

That is not what I asked. I know my correspondence has been received.I want to know that the case request regarding my account has been
cancelled/closed. If so, I would like to see that phrase in writing.

Please confirm.

Thanks,
Amy

Followed up with this, because I had nothing better to do with my time than to follow up with Facebook…

Hello there,
Just following up again (and will continue to do so). Please confirm that
the request to obtain my account data is no longer active.

Many thanks,
Amy

To which I finally received the response:

Hi Amy,

The request has been closed.

Thanks,

Facebook

I’m sure they get all kinds of responses to emails when notifying users about FB profile subpoenas, but there has SERIOUSLY got to be a better route of communication for questions about these types of requests.

I honestly believed it was a spam request until the 2nd email, and after contacting the ADA with the case number referenced by Facebook. I couldn’t believe it was happening to me, and there is NOT a good way to contact Facebook. They direct you to their ‘Help’ pages, which are essentially pointless and leave the greater FB community to answer your questions. The whole ordeal had me considering whether or not I wanted to continue using this website. Unfortunately, it’s the best way to keep up with folks, so I’m still using the site, but I am no means over the frustration they caused and their terrible follow-up.

I never thought this would happen to me, and I’m sure it won’t happen to many of you out there either, but in case it does (falsely) just know that it’s a pain in the rear end to get very far with Facebook…