Explain what non-government and civil litigation subpoenas are, and describe how they work.
What will be an ideal response?
ANSWER: Non-government and civil litigation subpoenas are used to produce information from private parties for litigation. An example of how they apply to a CSP can be seen in Flagg v. City of Detroit (252 F.R.D. 346, E.D. Mich., 2008). A CSP received a civil subpoena for the production of electronically stored information (ESI) in the cloud, including text messages sent or received by city employees who used mobile devices supplied by SkyTel. Although the court determined that this data could be subject to discovery under the Federal Rules of Civil Procedure, it denied the subpoena because the evidence could have been acquired more easily by making an ESI discovery request to the cloud users.
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