ALL OMAR-ED HERE In DATE EQSE-if fb aux'sabfaics U S Department of Justice Federal Bureau of Investigation 550 Main Street Room 9000 thWJ% h r Cincinnati Ohio 45202 EbNm November 3 1998 Duke University 407 North Building Durham NC 27706 RE Notice to Preserve Evidence Under Title 18 U S C 2703 f - This letter is to follow up our telephone conversation 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 69 following date s September 22 and 24 1998 an unknown 4 individual illegally entered a state owned academic institutional 1f computer system at sumac occ uc edu b7E According to our investigation this communication or1 inated or passed through your system 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 27 a For ease of reference Title 18 U S C 2703 f Prov1des S Eamhedwalammw Se a ze - ha baa-Wag indexed- Requirement to preserve evidence - -- mmp-Juugpda 156 1 In general - A prov1der of a ere electronic communication service or a remote computing service upon the request of a government entity shall take all necessary l7 Addressee lo- CI BB bb 2 10 9 42- 59 8 steps to preserve records and other evidence in its possession pending the issuance of a court order or other process 2 Period of retention - Records referred to in paragraph 1 shall be retained for a period of 90 days which shall be extended for 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 you have any questions or comments please feel free to call SA lat Sincerely yours 3136 3137 Sheri A Farrar Special Agent in Charge By Supervisory SpeCial Agent