WARNING: This form is for law enforcement officials only! Users wishing to have a post removed should email info@fizzsocial.app.
These guidelines are for U.S. law enforcement officials seeking information about Fizz user accounts. A Mutual Legal Assistance Treaty request or letter rogatory may be required from international law enforcement. When Fizz receives a request for user account information from a government agency investigating criminal activity, the Fizz team reviews each request to be sure that it satisfies all legal requirements. Fizz is committed to cooperating with law enforcement while respecting each individual’s right to privacy. The procedures and guidelines below are provided for convenience only and do not supplant Fizz’s terms of use, privacy policy, and the law governing Fizz, its users, and law enforcement rights and obligations. This information may change at any time.
What is Fizz?
Fizz is a private and authenticated community platform for colleges. Students verify a .edu email address associated with their school to join, and once inside they can interact with other verified students with text posts, images, polls, and direct messages.
What Account Information Does Fizz Have?
Fizz’s records generally include the following information whenever a user interacts with the Fizz app:
The date and time of the interaction with the app, beginning with the time the user verifies their phone number;
The user-agent string associated with the device used to access the app
The user’s phone number provided when it first launches the app
The user’s school email address provided when they verify their school email
In some instances, a Fizz account may not be directly associated with a phone number or email address.
Data Retention and Preservation Requests
Fizz retains different types of information for different time periods. Due to the real-time nature of Fizz, some information may be stored for only a very brief period of time.
Subject to applicable law, Fizz will not retain data for law enforcement unless it receives a valid preservation request. Preservation requests must be submitted by emailing us at info@fizzsocial.app and signed by the requesting official. Please include screenshots of the messages that you wish to be preserved, if available.
Legal Process Requirements
Fizz discloses user account information only in accordance with applicable law, including the Stored Communications Act (the “SCA”), 18 U.S.C. § 2701, et seq. In accordance with our Privacy Policy and Terms of Use, Fizz will only release non-public information about its users to law enforcement officials in response to appropriate legal process, such as a valid subpoena, court order, or search warrant – or in response to a valid emergency request, as described below.
Unless a more restrictive state law or other law applies, Fizz typically requires the following legal process prior to the disclosure of user information:
A valid subpoena (administrative, grand jury, or trial) issued in connection with an official criminal investigation or prosecution is required to compel Fizz to disclose certain basic subscriber information. Fizz’s records of basic subscriber information that may be disclosed in response to a valid subpoena will generally be limited to: (1) the date and time when the user created their account, (2) the user’s phone number, and (3) the user’s school email address. Fizz is also permitted to disclose these types of basic subscriber information in response to a search warrant and/or a court order issued pursuant to 18 U.S.C. § 2703(d).
A court order issued pursuant to 18 U.S.C. § 2703(d) or other valid and appropriate court order is required to compel Fizz to disclose additional non-content records associated with a user’s account. This may include: (1) the date and time of a user’s interaction with the app and (2) the user-agent string associated with the device used to access the app. Fizz is also permitted to disclose these categories of non-content user records in response to a search warrant.
A search warrant is required to compel Fizz to disclose (1) any message(s) associated with a user.
Law enforcement officials may submit legal requests by emailing us at info@fizzsocial.app and should include a detailed description of the specific Fizz post(s) that you are seeking information about, including the exact language of the post, and if known, the approximate time, date, and school of the post. Please provide screenshots of the posts if available.
Emergency Requests
Under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4), Fizz may disclose user account information to law enforcement – without a subpoena, court order, or search warrant – in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone (for instance, in cases involving kidnapping, bomb threats, school shootings, or suicide threats). Fizz evaluates emergency requests on a case-by-case basis.
Any information Fizz provides in response to emergency requests is limited to what we believe would prevent the harm. This may include a user’s message timestamps, telephone number, email address, user-agent string, and/or the contents of other messages from the user’s posting history.
Law enforcement officers can submit an emergency request as an email attachment (our contact information is below). Emergency requests must be submitted by emailing us at info@fizzsocial.app, and must include the following:
a detailed description of the emergency;
a description of the harm to be prevented;
a detailed description of the Fizz post that you are seeking information about, including screenshots, if available;
the specific information requested, including an explanation of why that information is necessary to prevent the harm; and
an explanation of why the information is needed without waiting for legal process;
Please note that Fizz cannot review or respond to emergency requests sent by non-law enforcement officials. If you are aware of an emergency situation, you should immediately contact your local law enforcement officials.
Authentication
Fizz records are self-authenticating pursuant to law and should not require the testimony of a records custodian. If a special form of certification is required, please attach it to your records request for our consideration.
Cost Reimbursement
Fizz may seek reimbursement under federal or state law, including pursuant to 18 U.S.C. § 2706, for costs incurred while searching for, assembling, reproducing, or otherwise providing information in response to law enforcement requests. Particularly broad and/or burdensome requests may increase the cost reimbursement that Fizz is entitled to. In cases where Fizz intends to request such reimbursement, Fizz will provide a good faith estimate of such costs as part of our production or, upon request, prior to assembling, reproducing, or otherwise providing information in response a government request for user information.
Will Fizz Notify Users About Law Enforcement Requests?
Subject to applicable law, Fizz reserves the right to decide on a case-by-case basis whether to notify users about law enforcement requests, unless Fizz receives a valid order precluding such notice pursuant to 18 U.S.C. § 2705.
Contact Information
Law enforcement officials can submit legal requests by emailing us at info@fizzsocial.app.
Receipt of correspondence by any of these means is for convenience only and does not waive any objections, including the lack of jurisdiction or improper service. Fizz will not respond to requests for user information sent by non-law enforcement officials.