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Law Enforcement Guidelines for VSCO

VSCO is a community for expression that empowers people everywhere to create, discover, and connect by sharing images and words publicly on the web and within the app.

 

Generally, VSCO does not share any non-public user information, but we understand that at times there will be situations where we may be required by applicable law to share non-public information about our users with law enforcement or governmental agencies. These guidelines are intended to familiarize law enforcement authorities who are seeking to obtain user information from VSCO.

Requests for User Information

Disclosure of user information is governed by the Stored Communications Act, 18 U.S.C. § 2701, et seq., which requires that we disclose user information to law enforcement only in response to specific types of legal process. Please refer to our Privacy Policy for more details  about the type of information that VSCO collects.

Within the United States

VSCO will respond to legally binding requests that include one of the following documents:

  • A valid, jurisdictionally sufficient subpoena or court order can be used to obtain user information such as user names, addresses, session time/duration, or IP address information.
  • A valid, jurisdictionally sufficient federal or state search warrant can be used to obtain user content such as photos or written communications.

International Requests

VSCO is prohibited by law from disclosing user information to a court outside of the United States. International governmental and law enforcement agencies may use a Mutual Legal Assistance Treaty request or a letters rogatory to seek user information from VSCO.

Emergency Requests

Under our Privacy Policy and 18 U.S.C. § 2702(b)(8), we may share information with law enforcement (within our discretion) if we have a good faith belief that there is an emergency involving harm to a child or the danger of death or serious physical injury to a person. To submit an emergency request, please submit a sworn written statement by a law enforcement agent that an emergency involving the immediate danger of death or serious physical injury requires immediate disclosure.

Notification

Our policy is to inform our users about requests for their account information.  However, we will not notify users if we are prohibited by law from doing so (for example, by an order under 18 U.S.C. § 2705(b)), or if we believe that an exceptional circumstance exists, such as child exploitation, the threat of imminent death or bodily injury, or counterproductive circumstances. We will make efforts to provide delayed notice to affected users when prior notice is prohibited.

Data Retention

In accordance with our Terms of Use and Privacy Policy, VSCO retains different types of information for various periods of time. Due to the nature of content on VSCO, we may store some information for only a short period of time. Unless we receive a valid preservation request, we generally do not retain information for law enforcement purposes.

Account Preservation

VSCO will accept requests to preserve user records that may be relevant in a criminal legal proceeding. We will make efforts to preserve the relevant user records for 90 days pending our receipt of valid legal process. Valid preservation requests may be submitted by the methods described below.

Child Safety

VSCO will remove any content that comes to our attention that depicts (or may depict) sexually explicit images of minors or appears to sexualize or exploit children, including content drawn to our attention by government requests. We will promptly report this content to the National Center for Exploited and Missing Children, which may relay this and related information to U.S.- or foreign-based law enforcement agencies. If a request involves a child exploitation or safety matter, please specify that in the request so that we may quickly address the request.

 

Testimony

Records produced in response to law enforcement requests are self-authenticating and do not require the testimony of records custodians. We are unable to provide expert testimony. If you need a special certification, please include it in your request.

Cost Reimbursement

Under 18 U.S.C. §2706, VSCO may seek to be reimbursed for any costs we incur in responding to information requests. Unusual or extensive requests may incur additional costs, but we may waive fees (within our discretion) in special situations.

Information to Include

For a request to be honored, it must be legally binding and include all of the following information:

  • the name of the issuing authority, badge/ID number of the agent responsible, e-mail address from a known law enforcement domain, and a direct phone number;
  • the profile name and URL of the VSCO account in question; and
  • details regarding the specific information being requested and its relationship to your investigation.

Submission

Please submit your request to: lawenforcementrequests@vsco.co

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