ALE Eff QATE U S Department of Justice Federal Bureau of Investigation 550 Main Street Room 9000 Cincinnati Ohio 45202 November 3 1998 California Institute of Technology Information Technology Services 014 8l Pasadena CA 91125 RE Notice to Preserve Evidence Under Title 18 U S C 2703 f Dear 136 This letter is to follow up our telephone conversation b7c on October 29 1998 As I stated at that time I am a Special Agent for the Federal Bureau of Investigation FBI a duly authorized federal law enforcement officer empowered to investigate unauthorized access into private state local and federal computer systems As previously discussed during the following date s September 22 1998 an unknown individual 33 illegally entered a state owned academic instititional computer system at sumac occ uc edu According to our b E investigation this communication origi ated or passed throuor your system newvortex ama caltech edu This letter serves to inform you that I will be pursuing the issuance of a subpoena and or court order under Title 18 U S C 2703 d respectively to trace the unknown individual back from your system Inasmuch that this process can be time consuming I have requested pursuant to Title 18 U S C 2703 f that you take appropriate measures to preserve transactional logs contents of any relevant communications back-up files and any other evidence that pertains to the aforementioned connections c4fga For ease of reference Title 18 U S C 2703 f provides S dmd Requirement to preserve evidence mdeed_ whey-em a and 1 In general - A provider of a wire or electronic communication service or a remote computing service upon the request of a government entity shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process c1 2 30 Sb Ui o i 2 Period of retention Records referred to in paragraph 1 shall be retained for a period of 90 days which shall be extended fer an additional 90 day period-upon a renewal request by the governmental entity Finally although you have been most cooperative we have in other situations experienced some informational leaks While such leaks may represent misplaced good intentions they can have serious impact upon our investigation Accordingly we would respectfully request that your personnel be placed on notice that they are subject to criminal liability should they disclose any privileged information The governing statute in this regard is Title 18 U S C 2232 b which provides Notice of Search - Whoever having knowledge that any person authorized to make searches and seizures has been authorized or is otherwise likely to make a search or seizure in order to prevent the authorized seizing or securing of any person goods wares merchandise or other property gives notice or attempts to give notice of the possible search and seizure to any person shall be fined under this title or imprisoned not more than five years or both Again I greatly appreciate your cooperation in this matter with our agency If on have an uestions or comments please feel free to call SAI lat Sincerely yours Sheri A Farrar Special Agent in Charge b7C ero Supervisory Special Agent