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Policy for Call Data Requests


03/01/07

POLICY FOR CALL DATA REQUESTS

Aeneas personnel are regularly contacted by customers as well as law enforcement agencies asking for access to call detail information. Aeneas takes the privacy of its customers very seriously, but we are required by law to assist law enforcement agencies with valid requests for call data. Aeneas can be exposed to great liability if this privileged information is given out unlawfully. The procedures that follow are provided to allow a uniform response to all requests, whether via a customer or a law enforcement agency.

CUSTOMER REQUESTS

If a customer calls in with a request for call history on an account in their name, they need to be told of the options available to them.

If a customer calls in with a request for information on an account not in their name, the person should be advised that it is illegal for Aeneas to give out that information to them. If the person claims to have a problem with annoying or threatening calls or an emergency situation, they should be referred to their local police department or sheriff’s office.

Caller ID

Caller ID can identify the source of annoying or harassing calls and allow you to screen unwanted calls. You can also order Caller ID with Name and Number Delivery, which displays both the name and number of the caller.

Call Return

Call Return allows you to call back the person that just called you. Just by dialing *69, you will be given the last incoming callers phone number.

Selective Call Rejection

With Selective Call Rejection, you can create a list of up to six telephone numbers you wish to block. Blocked callers will reach a prerecorded message telling them that the Selective Call Rejection feature has been activated, without your phone ever ringing.

Anonymous Call Rejection

Anonymous Call Rejection provides Caller ID subscribers with the ability to intercept blocked numbers. If the caller blocks their name and number delivery, the call is terminated and your phone does not ring.

Call Tracing

Call Tracing gives you the best solution available for tracking down and ending annoying calls. Aeneas Internet & Telephone will release the trace information to law enforcement authorities.

LAW ENFORCEMENT REQUESTS

Routine

If a law enforcement agency contacts Aeneas for call data information; it is usually in the course of an investigation. Investigators know the law requires a subpoena or warrant whenever it is possible to get one and they shouldn’t be surprised that Aeneas requires a subpoena or warrant to access such information. Besides, the information is no good to them if ruled inadmissible for violating the Fourth Amendment.

Emergency

On rare occasions law enforcement may ask for call information and claim that there is not time to get a warrant or subpoena due to some emergency. The law does recognize an exception to the warrant/subpoena requirement under such “exigent circumstances”. After consultation with our local District Attorney General, Aeneas has developed a policy balancing the legitimate need to comply with valid requests of law enforcement and the legitimate need to protect Aeneas in the event such an exigency is incorrectly claimed by law enforcement. If an employee receives such a request, they should immediately transfer the call to a manager.

PROCEDURE IF EMERGENCY IS CLAIMED BY LAW ENFORCEMENT OFFICIAL

The officer will be asked to identify him/her and the phone number for the agency they work for.

The officer will be requested to fill out the attached “Statement of Exigent Circumstances” which will be available online or by fax.

The completed sheet will be returned to Aeneas before the information is given.

We will, under “exigent circumstances”, begin to gather the requested data while awaiting the return of the request form.

If the officer does not complete the form and return it, the Aeneas employee handling the request shall complete the attached “Notice of Failure to Claim Exigent Circumstances” and send it by certified mail, return receipt requested, to the requesting law enforcement agency.

Forms
Statement of Exigent Circumstances
Notice of Failure to Claim Exigent Circumstances