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.
iHub accepts service of subpoenas that comply with applicable law. Subpoenas for member
account information must be served to iHub's Registered Agent which is located
in Tallahassee, Florida:
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. The scope of the information
sought should be defined narrowly and with specificity. We will not produce on subpoenas
which include overly broad descriptions such as "all information," as doing so would
typically 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
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. The scope of the information
sought should be defined narrowly and with specificity. We will not produce on subpoenas
which include overly broad descriptions such as "all information," as doing so would
typically 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.
Please refer to our Legal/Litigation Reference for general information
regarding legal recourse pertaining to user and other third-party content found
on the iHub website.