Preservation Letter (18 U.S.C. § 2703(f))

A preservation request, not legal process — send in parallel with drafting the warrant

Part of the Warrant Path template library. Templates last updated 2026-09-20 — what that date does and doesn’t mean.

What this covers

A request under 18 U.S.C. § 2703(f) asking a provider to preserve existing records already in its possession while you obtain the separate legal process (search warrant, court order, or subpoena) needed to actually compel disclosure. It is not legal process itself, and it does not authorize or request that any records be produced.

Controlling authority

• 18 U.S.C. § 2703(f) — Directs a provider to preserve records in its possession, custody, or control pending the issuance of a court order or other process — the federal preservation-request statute this letter is built on.
• 18 U.S.C. § 2703(f)(2) — Records must be retained for 90 days, renewable for one additional 90-day period upon a renewed request made before the initial period expires.
• 18 U.S.C. § 2705(b) — The separate non-disclosure order that can bar a provider from notifying the subscriber. This preservation letter does not itself carry that authority — a non-disclosure order has to be sought together with the legal process that actually compels disclosure.

Common defects to check for before filing

• Treating this letter as if it compels production — it only preserves; a search warrant, court order, or subpoena is still required to actually obtain the records
• Letting the 90-day preservation window lapse without either serving compelling process or sending a written extension request before it expires
• Sending it to the wrong channel for that provider — a preservation request sometimes goes to a different address or portal than warrant service, so confirm before sending
• Assuming the letter itself carries non-disclosure authority — it does not; a separate order is needed if you do not want the provider notifying the subscriber
• Vague or incomplete account identifiers, which risk the provider preserving the wrong account, or nothing at all

[Provider name] — any company or platform holding records relevant to your case — service notes

• Where: Varies by provider — confirm the current preservation/legal-process channel before sending. SEARCH's ISP List and Law Enforcement Guides (search.org/resources/isp-list) is a suggested first stop for a provider not already covered by another template in this library. search.org ISP list
• What it takes: The specific account(s)/identifier(s) to preserve, and confirmation of the correct preservation-request channel for that provider — not every provider accepts preservation requests the same way it accepts warrant service.
• Timing: 90-day preservation period from the provider's receipt of the letter, under 18 U.S.C. § 2703(f)(2), renewable once for another 90 days with a written extension request sent before the initial period expires.
• Notice: This letter does not carry non-disclosure authority on its own — some providers will notify the subscriber absent a separate non-disclosure order sought together with the legal process that follows.

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