AOL Derails Defense Invesigation

As promised here is the story of my last subpoena to AOL.

I had a case a few months ago where I wanted to find out who was the registered account holder for an America Online email address. I sent a subpoena out to their address for service of process down in Virginia (just as I’ve done in dozens of earlier cases) and put the investigation on hold while I waited for a response.

The day after I faxed the subpoena, I got a two page letter from AOL’s corporate counsel who began with a notice that I had not effected proper service and/or if it turns out there was proper service, AOL was not obligated to respond absent a court order because my office “was not a public agency.”

I work for a pubic defender’s office. My position was created by a statute enacted by a duly elected legislature. I took an exam to get the job and my paycheck has the official seal of my office's jurisdiction stamped all over it.

What part of “[Fill in jurisdiction] Public Defender’s Office” is unclear?

What concerned me most, other than not getting the information I wanted, was AOL’s warning that “except for public agencies” all inquiries of this nature would generate a notice to the target of the subpoena; i.e. the account holder.

I immediately emailed the lawyer for AOL with references to the relevant statutes and the counsel responded with a hollow promise to “review the statute” but AOL never did provide the information I wanted.

A few days later, AOL did make good on one promise: I got a letter from some AOL paralegal advising me that the account holder had been notified of my inquiry.

I’m sure that AOL is fully compliant with law enforcement requests. It is my belief that although their policy is to respond to subpoenas sent by “public agencies”, the company really means they will assist police agencies and not defender offices. This is yet another example of the pro-prosecution mentality which helps to stack the deck against criminal defendants.

What recourse do we as defense investigators have against AOL? If the company were still in the business of providing Internet access, I’d urge everyone on our side of the fence, to cancel their accounts. However, AOL has changed it business model for the fourth time in 13 years. AOL now is a web portal which generates revenue from advertisers and gives its email accounts out for free.

As a public service, I am posting the following information in case anyone still uses AOL and wants to drop it like a bad habit.

To cancel your AOL account, call 1-888-265-8008.

You can also mail AOL at PO Box 65100 / Sterling, VA 20165-8800 or FAX 703-433-7283. Specify that you're cancelling; give your full name, phone number, address and signature, and either the primary billing contact's AOL screen name or the last four digits of the current payment method. Make sure they give you a confirmation number. And if AOL continues billing you, contact the webmaster at AOL Watch. Or contact your credit card company and tell them to reject any charges from AOL.