This policy describes how DuoCircle LLC (“DuoCircle”) responds to legal process, government requests, and civil discovery requests for customer data. It is published so that customers, requesters, and counsel understand the procedure in advance.
Service of process
DuoCircle accepts service of subpoenas, court orders, and search warrants by either of the following methods. Either method is sufficient. Sending to both does not accelerate handling.
| Method | Address |
|---|---|
| legal@duocircle.com, attention: Custodian of Records | |
| Custodian of Records, DuoCircle LLC, 5965 Village Way, Suite 105-234, San Diego, CA 92130, United States |
Acceptance of service by email is conditioned on the requester providing a verifiable point of contact. We do not accept service by facsimile, voicemail, or social media.
Required content
Every legal request must include all of the following or it will be returned for correction:
- Identification of the issuing authority and case number
- The legal authority that compels production
- A specific description of the records sought
- The narrowest reasonable time period
- Verifiable contact information for the requester, including a callback phone number
- For non-public-safety requests, a payment method or pre-authorization for cost reimbursement under 18 U.S.C. § 2706
Standards we follow
DuoCircle distinguishes among types of process and applies the following standards:
| Process | Standard required |
|---|---|
| Subscriber identifying information | Subpoena, court order, or search warrant under applicable law |
| Non-content records (logs, metadata) | Court order under 18 U.S.C. § 2703(d) or equivalent, or a search warrant |
| Content of communications | Search warrant supported by probable cause, or the customer’s express consent, except in life-threatening emergencies under 18 U.S.C. § 2702(b)(8) |
| Civil discovery for content | Customer consent or compliance with the Stored Communications Act |
| International requests | Mutual Legal Assistance Treaty process or other legally recognized international cooperation channel |
We follow the law in the United States. We respect equivalent regimes in other jurisdictions when valid international process is presented.
Customer notice
Where lawful, DuoCircle gives the affected customer notice of the request before producing any data so the customer can object, move to quash, or seek a protective order. We do not give notice when notice is prohibited by law (sealed grand jury matters, gag orders, NDAs imposed under the Stored Communications Act, etc.). When a non-disclosure obligation expires, we then give notice unless prohibited.
Emergency disclosures
In response to a request that meets the standard of 18 U.S.C. § 2702(b)(8) or equivalent, DuoCircle may disclose information when we believe in good faith that an emergency involving danger of death or serious physical injury requires disclosure without delay. The requester must complete and submit our emergency disclosure form, available on request from legal@duocircle.com.
Cost reimbursement
Under 18 U.S.C. § 2706, DuoCircle is entitled to reimbursement for costs reasonably and directly incurred in responding to legal process. The minimum schedule below applies. Child sexual abuse, child endangerment, and life-threatening emergency investigations are not charged.
| Item | Cost |
|---|---|
| Basic account information, per account | 50 USD |
| Expedited basic account information, per account | 75 USD |
| Records requiring more than 30 minutes of staff time | 100 USD per hour, or 150 USD per hour expedited, in 30 minute minimum increments |
| Photocopies and facsimiles exceeding ten pages | 0.25 USD per page |
| Express delivery | 25 USD per 30 pages |
| Inaccurate or non-DuoCircle account requests | 25 USD per inaccurate or non-DuoCircle host name |
Pre-payment may be required. Acceptable payment methods are check payable to “DuoCircle LLC” or credit card. Include the case number and a copy of the original request with payment.
Status and follow-up
Once a request is acknowledged, status inquiries should be sent only by reply to the original acknowledgment thread. Please allow ten business days for ordinary requests and three business days for expedited requests before requesting a status update. We do not provide status updates by phone.
Customer guidance
If you are a DuoCircle customer and you receive notice from us about a legal request, your options typically include accepting the production, moving to quash, seeking a protective order, or designating outside counsel to engage with the requester directly. We will work with your counsel to manage the production timeline within the constraints of the underlying process.
Questions about this document?
DuoCircle LLC, 5965 Village Way, Suite 105-234, San Diego, CA 92130. Email legal@duocircle.com for legal inquiries, or support@duocircle.com for everything else.