Guidelines For US Law Enforcement

Guidelines for United States Law Enforcement

Speedster is committed to continually improving the safety of our platform and contributing to safety in the communities where we operate. Speedster has a specialized team dedicated to working with law enforcement agencies around the world. The team includes the Law Enforcement Response Team (“LERT”). This team reviews and responds to each law enforcement request Speedster receives. The LERT team has processes in place to assist law enforcement on a 24/7 basis, including emergency requests, through e-mail at legal.speedsternow.com.

Speedster is also committed to the privacy of our user’s data. Speedster stores and maintains user data as described in our Privacy Notice and Terms of Use and discloses user data to U.S. law enforcement in accordance with the Electronic Communications Privacy Act. We also disclose information subject to our Terms of Use and privacy notices.

Up-to-date information about Speedster’s products and services are available in our Help Center and Newsroom.

This guide, and the accompanying FAQs, are not intended to provide legal advice. It also does not create any enforceable rights, and Speedster reserves the right to update or change this guide without notice to law enforcement.

Legal Process Overview

Speedster discloses information to U.S. law enforcement in accordance with applicable law, its privacy notices, and its Terms and Use.

U.S. Law Enforcement

Speedster will disclose account information to U.S. law enforcement where required by legal process issued pursuant to the Electronic Communications Privacy Act (“ECPA”) and other legal authorities. The ECPA prohibits Speedster from disclosing certain categories of user data without legal process, such as a subpoena, court order, or search warrant. There are also certain exceptions to ECPA’s prohibition on sharing user data. For example, Speedster may proactively disclose user data in emergencies (as described in the Section on Emergency disclosure requests).

Additional Speedster Resources

Law enforcement should contact the LERT via e-mail to legal@speedsternow.com. E-mail provides the central point of contact for law enforcement to communicate with LERT specialists when submitting preservation requests, legal process, or emergency disclosure requests. Law enforcement may also send e-mail to obtain status updates on submitted legal process or to ask questions.

This guide also contains a list of Frequently Asked Questions (“FAQ”) at the end.

Service of legal process

How to serve legal process

Law enforcement should submit requests to Speedster via e-mail to legal@speedsternow.com. Only requests from law enforcement and government personnel authorized to obtain evidence in connection with official legal proceedings will be honored.

Requesting emergency assistance

E-mail may also be used to transmit emergency disclosure requests to Speedster pursuant to 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4). When submitting a request, law enforcement must accept the Terms and Conditions and certify that the request is, in fact, related to an emergency involving danger of death or serious physical injury that requires disclosure without delay of information relating to that emergency and that law enforcement is currently unable to obtain legal process.

Speedster has processes in place to respond to emergency requests on a 24/7 basis. Speedster may follow up with law enforcement upon receipt of an emergency disclosure request if information is missing from the request or if further clarification is needed. Accordingly, appropriate contact information should be provided so that Speedster can follow up quickly.

For more information about emergency disclosure requests, see Section on Emergency Disclosures below.

Identifying a Speedster account

When submitting legal process to Speedster, law enforcement should identify the specific account(s) implicated by the request. When possible, law enforcement should provide a unique identifier(s) associated with the account(s), such as email address, phone number, and/or license plate number. Names alone often are not unique identifiers, nor are dates of birth (to the extent collected). Speedster may also be able to identify accounts that are relevant to a law enforcement investigation by searching for information related to a specific trip. For such requests, information about that trip, such as user identification information named above, and a date, time, trip ID, or pick up or drop off location, should be provided.

Speedster’s User Notice Policy

Speedster will notify users of law enforcement requests for their data, except where notice is prohibited by the legal process itself, a lawful non-disclosure order (e.g., a court order under 18 U.S.C. § 2705(b)), or other applicable law, or for other circumstances that indicate non-disclosure within Speedster’s discretion. For example, Speedster may decide in its sole discretion not to disclose the existence of a law enforcement request, such as in emergency situations or situations involving harm to a minor.

In the absence of a basis for non-disclosure, Speedster will proceed to notify the user of the request. Law enforcement should therefore take care to indicate any legal restrictions on disclosure in its submission of process in the e-mail. Specifically, law enforcement should:

• indicate the absence of any objection to user notice;
• provide a lawful non-disclosure order; or
• identify another legal basis prohibiting user notice, such as language in the legal process itself or statutory language that prohibits user notice.

After expiration of a nondisclosure order or other basis for nondisclosure, Speedster will provide notice to users regarding law enforcement requests for their data unless, in its sole discretion, Speedster will withhold notice as noted above.

The notice that Speedster typically provides to its users informs them that they have received a request from a law enforcement agency about their account and provides them with the name of the requesting agency. Users are also informed that Speedster is required to respond to lawfully issued process.

If Speedster receives a National Security Letter (NSL) that is subject to a non-disclosure obligation of indefinite duration, it will notify the government that it is requesting review of the non-disclosure requirement in accordance with the NSL statute. If the government notifies Speedster that it is no longer subject to the non-disclosure obligation, Speedster will notify the relevant user in accordance with the above.

Guidelines for Requesting Information from Speedster

As described above, legal process should be submitted to Speedster via e-mail to legal@speedsternow.com.

To be valid, legal process submitted to Speedster must generally:

• be addressed to the Law Enforcement Response Team of Speedster Technologies, Inc. (UTI), 1638 N. San Fernando Blvd., Unit 101, Burbank, CA 91504;
• be issued by the appropriate authority;
• be signed by the appropriate authority, such as a judge. Legal process must be signed pursuant to local court rules, including by an electronic or telephonic signature;
• be dated;
• provide a date and time to return the responsive materials, if applicable; and
• specifically identify the targeted account and the type(s) of information within the account to be disclosed. See the Section on Identifying a Speedster Account for information about identifying Speedster accounts and Section on Information Available for additional information about user information available from Speedster .

In addition, requests that do not have a valid legal basis, are overbroad, vague, or otherwise inappropriate will be rejected.

Subpoenas

Under ECPA, a subpoena may be used to compel the disclosure of “basic subscriber information,” as defined by 18 U.S.C. § 2703(c)(2). For additional information about the basic subscriber information Speedster may produce, see the Section on Basic Subscriber Information.

There are three types of subpoenas that a governmental entity can use to compel disclosure of data from Speedster: (1) an administrative subpoena authorized by a federal or state statute, (2) a federal or state grand jury subpoena, or (3) a federal or state trial subpoena.

Subpoenas must comply with the criteria specified above for legal process validity, including the requirement that they be issued by an executive branch agency or court with the power to issue such subpoenas. They must also be signed by a person authorized to sign subpoenas.

Court Orders

Under ECPA, a court order issued pursuant to 18 U.S.C. § 2703(d) (a “(d) Order”) may be used to compel the disclosure of all non-content records and other information related to a user account upon a showing of “specific and articulable facts” that “there are reasonable grounds to believe” that the “records or other information sought are relevant and material to an ongoing criminal investigation.” A (d) Order may also compel the disclosure of basic subscriber information. However, the contents of communications, such as messages between Speedster’s drivers and riders, may not be disclosed in response to a (d) Order.

To be valid, a (d) Order must:

• be signed by a judge;
• be issued by a court of competent jurisdiction; and
• state that it was issued pursuant to § 2703(d) or include a finding based on “specific and articulable facts” showing that there are “reasonable grounds to believe that the records sought are “relevant and material to an ongoing criminal investigation.”

Search Warrants

Under ECPA, law enforcement may use a search warrant to compel the disclosure of content and non-content information. In other words, a search warrant can be used to acquire information available with a subpoena or a (d) Order and the contents of a user’s communications. Content is defined as “any information concerning the substance, purport, or meaning of [a] communication.” Content accordingly includes the body of text messages and other types of information that convey the substance of a communication. For additional information about the content information Speedster may produce, see Section on Communications Information.

To be valid, a search warrant must:

• identify the person or property to be searched (i.e., Speedster Technologies Inc.);
• identify any person or property to be seized (i.e., user account and records or content);
• state the warrant was issued upon a finding of probable cause;
• designate the judge to whom the warrant must be returned;
• be signed by a judge; and
• be served on Speedster within 14 days of the date on which it was issued (for federal search warrants) or within the time frame specified for execution in the state from which the warrant was issued.

Preservation Requests

Under ECPA, law enforcement may seek the preservation of account records pursuant to 18 U.S.C. § 2703(f). Upon receipt of such request, Speedster will take steps to preserve any records or other information in its possession regarding the subject of the preservation request pending the issuance of legal process. A preservation is a one-time “snapshot” of the records or content in a Speedster user’s account at the time we receive the preservation request; it is not an ongoing, real-time preservation of those records. Speedster does not notify customers about requests to preserve their account information.

Speedster will preserve any records or content in a user’s account for 90 days. Speedster will extend that preservation an additional 90 days (for a total of 180 days), if requested to do so by law enforcement.

Preservation requests should be submitted to Speedster via e-mail to legal@speedsternow.com. They must be dated and must specifically identify the targeted account or trip (approximate pick up and/or drop off, date, time, etc,) and the type of information within the account to be preserved. See Section on Information Available From Speedster and the Section on Frequently Asked Questions (FAQs) for additional information about identifying Speedster accounts and the user data Speedster may provide.

Emergency disclosure requests

Speedster may voluntarily disclose user data, including content information, to a U.S. governmental entity if Speedster has a good-faith belief that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information related to the emergency. Law enforcement may obtain subscriber information or other records, including content information with an emergency disclosure request. The information disclosed must be limited to the amount necessary to specifically address the ongoing emergency.

To submit an emergency disclosure request, law enforcement must:

• certify that they are authorized by law to obtain the requested records;
• certify that the request is, in fact, related to an emergency involving danger of death or serious physical injury that requires disclosure without delay of information relating to that emergency;
• certify that law enforcement is unable to obtain legal process in time to respond to the emergency; and
• accept the Terms and Conditions; and
• if required by law, follow-up with legal process.

Emergency disclosure requests should be submitted to Speedster indicating emergency status via e-mail to legal@speedsternow.com. Because of its commitment to safety on its platform, Speedster has processes in place to respond to emergency requests on a 24/7 basis.

Witness Testimony Requests

Speedster includes a Certificate of Authenticity with its productions, which generally eliminates the need for live testimony to authenticate records. Speedster accepts service of subpoenas seeking witness testimony via e-mail to legal@speedsternow.com. Speedster may not be able to accommodate subpoenas for witness testimony served with fewer than 14 days advance notice.

Information Available From Speedster

This section describes the general categories of user data that may be available from Speedster. It is meant to provide a guide regarding some of the most commonly requested data types, and is not meant to be exhaustive. For additional information about Speedster products, please see www.Speedsternow.com.

Speedster collects and maintains user data in accordance with its Privacy Statements and its Terms and Conditions. The data Speedster collects and maintains may vary from account to account, such as when a Speedster user deletes their account information. Accordingly, the types of data Speedster provides in response to valid legal process may vary.

Basic Subscriber Information

“Basic subscriber information” is defined in 18 U.S.C. § 2703(c)(2). Basic subscriber information includes information provided by users during the creation of a Speedster account and information submitted or collected at a later date.

Basic subscriber information maintained by Speedster for riders and drivers may include:

• user profile information (i.e., name, email, phone number);
• usage information (i.e., date of account creation, and account status); and
• “means and source of payment” (see “Billing Information” below for more details).

Basic subscriber information may be obtained with a subpoena, (d) Order, search warrant, or pursuant to an emergency disclosure request.

Device Information

Device information may be obtained from Speedster with a (d) Order, search warrant, or pursuant to an emergency disclosure request.

Vehicle Information

Vehicle Information that Speedster may provide includes:

• license plate data;
• make and model;
• vehicle insurance;
• vehicle registration; and
• vehicle identification number (VIN).

Vehicle information may be obtained with a (d) Order, search warrant, or pursuant to an emergency disclosure request.

Billing Information

Billing information includes “means and source of payment,” as specified in ECPA, as well as other billing information about user payment transactions on the App.

Means and source of payment information that Speedster may provide includes:

• partial credit card (first six and last four of the credit card number) or bank account numbers (drivers and deliverers only);
• credit card expiration date;
• associated credit card zip code; and
• other payment instruments.

Because “means and source of payment” is considered basic subscriber information, it may be obtained with a subpoena, (d) Order, search warrant, or pursuant to an emergency disclosure request. “Means and source of payment” does not include information about payment transactions.

Other billing information that Speedster may provide includes:

• information about particular transactions, like amount, date and time the transaction was made, and the payment instrument used.

This billing information may only be obtained with a (d) Order, search warrant, or pursuant to an emergency disclosure request.

Trip Information

When a trip ends, Speedster automatically sends a trip receipt to the Rider. Trip information generally includes:

• a breakdown of the amounts charged to the rider for the trip;
• the pick-up and drop-off locations (latitude and longitude); and
• information about the rider(s) and the driver, including the name, and rating. Note that drivers and riders enter their names as seen in app, so they are not necessarily their given names or could be abbreviated (e.g. “Chris” for “Christopher”).

Trip information may be obtained with a (d) Order or search warrant, except by law enforcement in jurisdictions where a search warrant is required by law, such as California and Utah. Trip information may also be obtained pursuant to an emergency disclosure request.

Location Information

Speedster may collect GPS location information from the mobile devices of its drivers and riders. A driver’s location information may be captured when the Speedster app is running on the driver’s mobile device on or off trip as long as the driver is logged in to receive trips. Riders have the option in their device settings to opt out of the collection of their GPS information, and if they choose to do so, the rider’s GPS will not be captured.

Available GPS location information may be obtained with a search warrant or pursuant to an emergency disclosure request only.

Other User Profile Information

Other user profile information about the user that Speedster may provide include:

• rating(s) (one to five stars);
• written feedback/comments; and
• profile photograph(s).

Such user profile information may be obtained with a (d) Order, search warrant, or pursuant to an emergency disclosure request.

Driver Profile Information

Speedster may retain the following information about its driver:

• date of birth;
• vehicle information (as described above); and
• driver’s license number

Such driver-partner profile information may be obtained with a (d) Order, search warrant, or pursuant to an emergency disclosure request.

Communications Information

Speedster may capture certain information about communications between its users on the Speedster app, such as when a driver and rider use the app to communicate with each other. This may include non-content records associated with such communications, or in the case of text messages through the app, the contents of those communications.

Records of communications may include:

• to/from information; and
• date and time of the communication.

Records of communications may be obtained with a (d) Order, search warrant, or an emergency disclosure request.

Contents of communications may include messages sent between users on the app. Contents of communications may be obtained with a search warrant or pursuant to an emergency disclosure request only.

Customer Service Records

Customer service records Speedster may retain include:

• recordings of customer support calls; and
• other customer support communications.

Such customer service records are Speedster’s business records, and are not covered by ECPA. Accordingly, these records may be obtained with a subpoena.

Other Business Records

Other business records Speedster may retain include:

• driver’s license copies.

Such business records are Speedster’s business records, and are not covered by ECPA. Accordingly, these records may be obtained with a subpoena.

Information Associated with Speedster Services

Speedster may provide other categories of information about users of its other services. Below, some of these categories of information are listed alongside the minimum legal process required to obtain such information. All information listed below may also be obtained via submission of an emergency request.

• • subpoena: basic subscriber information; call logs between Speedster and carrier; texts between Speedster and carrier;
  • (d) Order: contact information for the shipper; package information (e.g., origin, destination, contents of shipment); call logs between Speedster and driver; texts between shipper and driver; shipping history; and
  • search warrant: contents of communications between users and drivers; GPS location information (unlike rideshare, drivers are not required to be logged in during a delivery; therefore, GPS data may or may not be available).

Frequently Asked Questions (FAQs)

Q: How do I send legal process to Speedster?

A: Legal process, preservation requests, and/or emergency requests should be served via e-mail to legal@speedsternow.com. Speedster will then make efforts validate that a requestor is actually authorized to make the request.

Q: Do you notify users of legal process?

A: Yes. For information about Speedster’s user notice policy, see Section on Speedster’s User Notice Policy

Q: What should law enforcement do with the records it obtains from Speedster once the investigation or case is over?

A: Information obtained from Speedster should be destroyed once the investigation or case has been completed.

Q: I sent in legal process, but I haven’t heard back from Speedster. What should I do?

A: Send a follow-up e-mail to legal@speedsternow.com. Speedster receives thousands of requests each year and triages the requests it receives upon receipt. Speedster makes every effort to respond to requests as quickly as possible.

Q: What is Speedster’s policy for deactivating accounts? Does Speedster deactivate accounts upon request? Will Speedster keep an account open if requested?

A: Because of its commitment to safety on its platform, when Speedster is made aware of an incident Speedster may take actions up to and including deactivation of the individual from the platform. Please see the Speedster Community Guidelines for Speedster’s deactivation policies.

Q: Does Speedster request reimbursement for the costs associated with responding to legal process?

A: At this time, Speedster generally does not seek reimbursement for costs associated with responding to legal process, although it reserves the right to do so.

Q: Can Speedster provide the password to a user’s account?

A: No, Speedster does not have access to user passwords.