A preservation letter (also called a litigation hold letter or a 18 U.S.C. § 2703(f) letter in criminal cases) is sent to a platform requesting that it keep all account data, content, and logs related to a specific account or content before they are automatically deleted. Platforms routinely delete logs, IP addresses, and account data after defined retention periods. Without a preservation letter, this evidence can be permanently lost before legal proceedings begin. NCII attorneys typically send preservation letters simultaneously with filing criminal complaints.

Key facts about this term

  1. Identify all relevant platforms that may hold evidence Any platform hosting content or holding account information relevant to the perpetrator needs a preservation letter.
  2. Have an attorney draft and send preservation letters Preservation letters have specific legal requirements. An NCII attorney can draft these accurately.
  3. Follow up with formal legal process Preservation letters are followed by subpoenas (civil) or court orders (criminal) to actually obtain the preserved evidence.

Frequently asked questions

Is a preservation letter different from a subpoena?

Yes. A preservation letter requests that evidence be kept safe; it does not compel production. A subpoena compels production of preserved evidence. Both are typically needed in sequence.

How quickly should a preservation letter be sent?

As quickly as possible after the NCII is discovered. Evidence deletion timelines vary by platform, some delete logs within 30-90 days of creation. An attorney should send preservation letters within days of being retained.

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