Subpoena Policy
InvestorsHub.com, Inc. ("iHub") will only release user account information pursuant
to a valid legal process such as a search warrant, subpoena or court order. If you
are seeking such identity or account information in connection with a civil legal
matter you must serve iHub with a valid subpoena. This information can only be obtained
by a properly issued subpoena served upon our registered agent:
InvestorsHub.com, Inc.
c/o Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301
In addition to serving our registered agent, sending an electronic version of the
subpoena and related documents by email to legal@investorshub.com
will often result in a more timely response.
Subpoenas issued by Federal Regulatory and Law Enforcement Agencies
In most instances, iHub will comply with lawfully issued U.S. and state government
subpoenas to the extent that they are not unduly burdensome or unreasonably invasive
of our members' privacy. The subpoena should be narrow in scope and identify the
specific account information requested, the member(s) alias (pseudonym) and sufficient
information to identify the post(s) subject to the subpoena. We will not produce
on subpoenas whose scope includes overly broad descriptions such as "all information,"
as doing so typiclly would be a violation of federal and state law. Please contact
legal@investorshub.com for questions
regarding appropriate framing of subpoena requests.
If the issuing officer does not wish the named member account(s) to be notified
prior to production, the subpoena should specify that it is issued pursuant to a
confidential or criminal investigation.
Subpoenas Issued In Other Matters
Subpoenas for member account information must be issued by or domesticated through
a court having personal jurisdiction over iHub. iHub's Registered Agent is located
in Tallahassee, Florida and we accept service from the United States District Courts
for Florida. For applicable requirements governing the issuance of foreign state
subpoenas or federal subpoenas in these jurisdictions, please refer to http://www.law.cornell.edu/rules/frcp/.
iHub will release user account information that may be sufficient to identify the
InvestorsHub member only when the party seeking the information has filed a bona
fide legal action that implicates the iHub member in some legal impropriety or wrongdoing
and can show that the information requested is material to the underlying case.
In other words, we don't produce user account information based on subpoenas engaged
in "fishing expeditions." Persons seeking user account information must provide
iHub with a copy of the complaint and supporting documentation to indicate how the
iHub account holder is related to the pending litigation. We will not produce on
subpoenas whose scope includes overly broad descriptions such as "all information,"
as doing so typiclly would be a violation of federal and state law.
Upon receipt of a subpoena and initial review of its legal sufficiency, iHub will
attempt to notify the member(s) whose account information is being sought. Any subpoena
must allow a minimum of twenty (20) days in order to allow named members the opportunity
to move to quash the subpoena.
iHub will determine at its sole discretion the applicability of this policy to any
particular subpoena. This policy does not create any enforceable legal rights, either
for InvestorsHub.com members or for requesting parties.
Cost Reimbursement
To defer the cost to iHub of compliance, payment of the following minimum fees is
required for all subpoena, court order and search warrant requests, except for child
pornography or endangerment investigations. An estimate of fees will be provided
prior to commencement of production. iHub reserves the right to require payment
in advance of preparation of production materials.
|
Cost
|
Item / Action
|
|
$50*
|
Basic account information (per account)
|
|
$75*
|
Basic account information - expedited handling (per account)
|
|
$125/hour*
|
Development costs for custom applications required for extraordinary production
requests, if any
|
|
$150/hour
|
iHub legal counsel, if required
|
|
As incurred
|
Courier charges, if any
|
|
* There is no charge for child pornography or endangerment investigations.
|
From 18 U.S.C. § 2706:
"...a governmental entity obtaining the contents of communications, records, or
other information... shall pay to the person or entity assembling or providing such
information a fee for reimbursement for such costs as are reasonably necessary and
which have been directly incurred in searching for, assembling, reproducing, or
otherwise providing such information. Such reimbursable costs shall include any
costs due to necessary disruption of normal operations of any electronic communication
service or remote computing service in which such information may be stored."
iHub may choose to waive fees for federal government issued subpoenas that do not
require extraordinary costs for production.
Additional Information
Questions regarding subpoenas should be directed to
legal@investorshub.com. Registered members can also send a
private message to IH Admin with general questions.
FAQ: General Questions About iHub lists some common questions from iHub
members regarding subpoenas.
Information regarding threats of litigation against iHub
iHub welcomes and encourages constructive input from our user community, however;
we do not welcome disruptive or non-constructive communications, or attacks on iHub
itself or our staff. Members who find themselves unable to refrain from attacking
iHub and/or its staff, including but not limited to 1) threats of reporting us to
[insert list of the usual "name dropped" agencies here], 2) threats of litigation,
3) predictions of our sudden demise, 4) accusations of criminality, conspiracy,
or any other alleged violation of law, or 5) vulgar or abusive PMs, should avail
themselves of their prerogative to cease using the site immediately as we have no
interest in hearing it. Those unwilling or unable to respect these guidelines will
be asked to refrain from such conduct and, failing that, will be shown to the exit.
Before making unenlightened threats of litigation, please review our
Legal Reference and be advised as follows:
InvestorsHub does not screen user posted content, nor do we determine veracity of
such content for the very simple reason that we are not in a position to do so.
Assertions that certain posts are libelous, defamatory or fraudulent are matters
of opinion. In order for such characterizations to be used as the basis for removal
of user posted content we typically require an enforceable order to that effect
from a court of competent jurisdiction.
Should you choose to seek injunctive or other relief please be reminded that any
such action should be brought against the author(s) of the offending content. Pursuant
to the provisions of the Communications Decency Act, codified at 47 U.S.C. § 230, no cause of action may be brought and no
liability may be imposed on message board operators for third party content. Please
be advised that should any such action be brought against InvestorsHub.com, Inc.,
we can and will file a motion for reimbursement of resulting legal expenses and
such additional sanctions as the court may allow.