The following information is provided for law enforcement or other government entities seeking information about users of the Spoon Radio platform in the United States. Criminal defense or civil litigants seeking information about Spoon users in the US should contact Spoon at firstname.lastname@example.org.This page should not be used for non-law enforcement or non-government requests. Any other request must be submitted to the Spoon Customer Care Team.
We reserve the right to make changes to the information on this page at any given time without notice.
In the event of an emergency involving the danger of death or serious physical injury to a person, law enforcement agents may make an emergency disclosure request by emailing this form Spoon Emergency Disclosure Request Form to email@example.com with the subject: Emergency Disclosure Request.
Users or non-law-enforcement third parties aware of an emergency situation should not contact us at this email address but instead should immediately and directly contact local law enforcement officials. Other urgent communications may be directed to the Spoon Customer Care Team.
Requests from US Law Enforcement
Please note that Spoon has a policy of using commercially reasonable efforts to notify users in the United States when we receive legal process from a third party or government requesting their user data, except where a court order expressly directs us to delay notification or not provide notification, is otherwise prohibited by applicable law, or where based upon the information supplied by law enforcement we, in our sole discretion, believe that providing notice would be futile or ineffective or would create a risk of injury or great bodily harm to our rights or property or to an individual or group of individuals, including minors. US law prohibits the disclosure of user content to non-US law enforcement entities absent express user consent.
Specifically, the following is required for requests from US law enforcement:
- A valid trial, grand jury or administrative subpoena is required to compel the disclosure of basic subscriber records (defined in 18 USC § 2703(c)(2)).
- A court order issued pursuant to 18 USC § 2703(d) is required to compel the disclosure of additional subscriber records or transactional information pertaining to an account, not including content of communications.
- To compel the disclosure of any account contents, a search warrant issued under the procedures described in the U.S. Federal Rules of Criminal Procedure (or equivalent state warrant procedures) is required.
Requests from Non-US Law Enforcement
All law enforcement or governmental requests for user information from non-US law enforcement should be directed to Spoon Radio, Inc. Korea. We may require the use of diplomatic processes such as the Mutual Legal Assistance Treaty (MLAT) through the U.S. Department of Justice or letters rogatory in order to compel disclosure of user information.
Please be sure to check this page every time you send us a request as the details below may change.
Form of Law Enforcement Requests for User Information
*Spoon will only consider law enforcement requests that are:
- Name of the issuing authority
- Duly signed and stamped by the appropriate law enforcement officer who is empowered by local law to represent the law enforcement unit that is making the request, including badge or ID number of the responsible agent(s)
- Your name, department, street address, telephone number, fax number, and email address. If your specific fax number is not supplied, our answer may be sent to your general department fax. Please note that for governmental entities or law enforcement communications by email, Spoon will only respond to emails from official law enforcement email domains.
Requests should explicitly mention the following elements:
- All known UserIDs, email addresses, names, and aliases of data subject or all known physical addresses and telephone numbers of the data subject. Note: we may be unable to comply with the legal process of requesting information using a proper name if the UserID is not provided.
- Exactly what information you are requesting, why you are requesting it, and how it pertains to your investigation.
- The applicable act or law under which the law enforcement agency is requesting the data.
Spoon will honor formal requests to preserve user information for 90 days and may preserve information for an additional 90 day period upon formal request to extend. See 18 U.S.C. Section 2703(f). We may not honor requests for extension beyond one (1) 90-day period. Preservation requests must be sent on law enforcement agency letterhead, must be signed, and must describe the information to be preserved with particularity.
Spoon reserves the right to seek reimbursement of its costs to comply with law enforcement requests, as permitted by law.