Question
I understand the local police can subpoena your email and IP address without a judge. Is there anyway to know if the police are doing this to a person? Can a person find this out?
Answer
Because public records laws tend to exempt records related to law enforcement investigations, it could be difficult to determine whether a law enforcement entity has sought or obtained records from your communications providers, especially if the agency has a court order requiring the communications provider not to disclose the fact of the information production.
You might find the EFF’s Surveillance Self Defense site of some interest in learning about these issues. The section called “Information Stored by Third Parties” has some information relevant to your specific question ().
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.