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Can I collect server log information from participants in Vermont? What are the requirements?

Based on the provided context documents, you may collect server log information from participants in Vermont subject to certain limitations and requirements.

Limitations on compelled production of electronic information

According to 13 VTST 8102, a law enforcement officer may compel the production of or access to protected user information from a service provider only under certain circumstances, including pursuant to a warrant, pursuant to a judicially recognized exception to the warrant requirement, with the specific consent of a lawful user of the electronic communication service, if a law enforcement officer, in good faith, believes that an emergency involving danger of death or serious bodily injury to any person requires access to the electronic device information without delay, or except where prohibited by State or federal law, if the device is seized from an inmate’s possession or found in an area of a correctional facility, jail, or lock-up under the jurisdiction of the Department of Corrections, a sheriff, or a court to which inmates have access and the device is not in the possession of an individual and the device is not known or believed to be in the possession of an authorized visitor.

Criminal process issued by Vermont court; reciprocity

According to 13 VTST 8107, criminal process, including subpoenas, search warrants, and other court orders issued pursuant to this chapter, may be served and executed upon any service provider within or outside the State, provided the service provider has contact with Vermont sufficient to support personal jurisdiction over it by this State.

Execution of warrant for information kept by service provider

According to 13 VTST 8105, a warrant issued under this chapter may be addressed to any Vermont law enforcement officer. The officer shall serve the warrant upon the service provider, the service provider’s registered agent, or, if the service provider has no registered agent in the State, upon the Office of Secretary of State in accordance with 12 V.S.A. §§ 851-858. If the service provider consents, the warrant may be served via U.S. mail, courier service, express delivery service, facsimile, electronic mail, an Internet-based portal maintained by the service provider, or other reliable electronic means. The physical presence of the law enforcement officer at the place of service or at the service provider’s repository of data shall not be required.

Based on the above, you may collect server log information from participants in Vermont subject to the limitations and requirements outlined in 13 VTST 8102, 13 VTST 8105, and 13 VTST 8107. Please note that this response is based solely on the provided context documents and does not constitute legal advice. It is recommended that you consult with a licensed attorney for specific legal advice regarding your situation.

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Source(s):
Jurisdiction

Vermont