How much access does VPS4 have to my data?
How does VPS4 respond to government requests for customer data?
- We are totally committed to privacy. We have strong privacy policies in place and actively enforce them.
- We stand with our users when a government agency asks us for data. We don’t voluntarily cooperate with authorities unless either legally compelled to do so, or in the case of imminent harm emergencies.
- We have many processes in place to closely scrutinize law enforcement requests, and we push back when something’s not right.
- We notify customers of government requests for their information (unless we’re prohibited by law from doing so), and we give our customers time to legally challenge or quash the request whenever possible.
VPS4, like all hosted service providers, is required to turn over customer data when it receives valid legal process from a government agency with jurisdiction. We review each request very carefully to ensure that the government is entitled to the data they seek with the level of process they have obtained. Where appropriate, we also negotiate with the requesting agency to narrow the scope of the data sought. For more information about how we handle legal requests, see here : https://www.vps4.net/enforcement/
Does data located in one data center ever get moved to another location without the user knowing?
User data and account information such as billing information, customer support inquiries and contact email may reside in our central US databases.
Server data remains in the data center to which it was provisioned. Backup copies may reside in nearby regional data centers for reasons of geographic redundancy.
Does the data in foreign data centers need to abide by US law?
Any content you host on VPS4 must adhere to our terms of service, available here: https://www.vps4.net/terms/
How does VPS4 respond to US government requests for user data (billing info, name, etc)?
We require an ECPA subpoena – which has the lowest threshold for a government agency to obtain. In many jurisdictions there is no requirement that a judge review a subpoena before the government can issue it. Government agencies can use a subpoena to compel VPS4 to disclose only specific types of information listed in the statute. For example, a valid subpoena for your IP address could compel us to disclose the name that you listed when creating the account, and the IP addresses from which you created the account.
How does VPS4 respond to US government requests for server data?
We require an ECPA search warrant. To obtain one, a government agency must make a request to a judge or magistrate and meet a relatively high burden of proof: demonstrating 'probable cause' to believe that contraband or certain information related to a crime is presently in the specific place to be searched. A warrant must specify the place to be searched and the things being sought. It can be used to compel the disclosure of the same information as an ECPA subpoena or court order—but also a user's private content stored in a VPS4. An ECPA search warrant is available only in criminal investigations.
How does VPS4 respond to Non-US government requests for user data (billing info, name, etc)?
As a United States company located in Delaware, VPS4 is not required to provide data to foreign governments in response to legal process issued by foreign authorities. For legal requests from government agencies/law enforcement outside of the United States, we require that the request be served via a United States court or enforcement agency under the procedures of an applicable mutual legal assistance treaty (MLAT).
How does VPS4 respond to Non-US government requests for server data?
Foreign law enforcement officials wishing to request information from VPS4 should contact the United States Department of Justice Criminal Division's Office of International Affairs. VPS4 will promptly respond to requests that are issued via U.S. court by way of a mutual legal assistance treaty (“MLAT”) or letter rogatory. We require a search warrant before disclosing content of customer virtual machines to government agencies/law enforcement.