Legal Question in Intellectual Property in Oklahoma

Email Log Records

I am web hosing service provider with a reletivly secury email system. Right now I track,log, and save to backup every message, for myself, my family, and aproximently 20 customers.

Am I required to keep these records in tack or can I destroy them if I wish?

Can I claim 5th amendment rights for my own data? If I encrypt and hide my data in un undesclosed location can I be legaly forced to give up the media? Do I have to give them the passwords to open the data?

Mainly just curious about the overiew of the subject.

Thanks in advace for any help.


Asked on 2/03/02, 12:21 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Email Log Records

If the government has a proper court order, search warrant or subpoena,they could probably obtain everything you mention and then some. If you destroy or encrypt email logs, the govt could take your server. The 5th Amendment would not likely shield you. I would consult with competent criminal counsel who practices federal criminal law and is up on the latest law computer laws related to email that were recently enacted in the Patriot USA Act.

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Answered on 2/03/02, 2:14 pm


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