Guidelines for Legal Requests of User Data

Are you a law enforcement officer conducting an investigation that may involve user content hosted on GitHub? Or maybe you're a privacy-conscious person who would like to know what information we share with law enforcement and under what circumstances. Either way, you're on the right page.

In these guidelines, we provide a little background about what GitHub is, the types of data we have, and the conditions under which we will disclose private user information. Before we get into the details, however, here are a few important details you may want to know:

About these guidelines

Our users trust us with their software projects and code—often some of their most valuable business or personal assets. Maintaining that trust is essential to us, which means keeping user data safe, secure, and private.

While the overwhelming majority of our users use GitHub's services to create new businesses, build new technologies, and for the general betterment of humankind, we recognize that with millions of users spread all over the world, there are bound to be a few bad apples in the bunch. In those cases, we want to help law enforcement serve their legitimate interest in protecting the public.

By providing guidelines for law enforcement personnel, we hope to strike a balance between the often competing interests of user privacy and justice. We hope these guidelines will help to set expectations on both sides, as well as to add transparency to GitHub's internal processes. Our users should know that we value their private information and that we do what we can to protect it. At a minimum, this means only releasing data to third-parties when the appropriate legal requirements have been satisfied. By the same token, we also hope to educate law enforcement professionals about GitHub's systems so that they can more efficiently tailor their data requests and target just that information needed to conduct their investigation.

GitHub terminology

Before asking us to disclose data, it may be useful to understand how our system is implemented. GitHub hosts millions of data repositories using the Git version control system. Repositories on GitHub—which may be public or private—are most commonly used for software development projects, but are also often used to work on content of all kinds.

User data on GitHub.com

Here is a non-exhaustive list of the kinds of data we maintain about users and projects on GitHub.

We will notify any affected account owners

It is our policy to notify users about any pending requests regarding their accounts or repositories, unless we are prohibited by law or court order from doing so. Before disclosing user information, we will make a reasonable effort to notify any affected account owner(s) by sending a message to their verified email address providing them with a copy of the subpoena, court order, or warrant so that they can have an opportunity to challenge the legal process if they wish. In (rare) exigent circumstances, we may delay notification if we determine delay is necessary to prevent death or serious harm.

Disclosure of non-public information

It is our policy to disclose non-public user information in connection with a civil or criminal investigation only with user consent or upon receipt of a valid subpoena, civil investigative demand, court order, search warrant, or other similar valid legal process. In certain exigent circumstances (see below), we also may share limited information but only corresponding to the nature of the circumstances, and would require legal process for anything beyond that. GitHub reserves the right to object to any requests for non-public information. Where GitHub agrees to produce non-public information in response to a lawful request, we will conduct a reasonable search for the requested information. Here are the kinds of information we will agree to produce, depending on the kind of legal process we are served with:

In the case of organization accounts, we can provide the name(s) and email address(es) of the account owner(s) as well as the date and IP address at the time of creation of the organization account. We will not produce information about other members or contributors, if any, to the organization account or any additional information regarding the identified account owner(s) without a follow-up request for those specific users.
Please note that the information available will vary from case to case. Some of the information is optional for users to provide. In other cases, we may not have collected or retained the information.

Under exigent circumstances — If we receive a request for information under certain exigent circumstances (where we believe the disclosure is necessary to prevent an emergency involving danger of death or serious physical injury to a person), we may disclose limited information that we determine necessary to enable law enforcement to address the emergency. For any information beyond that, we would require a subpoena, search warrant, or court order, as described above. For example, we will not disclose contents of private repositories without a search warrant. Before disclosing information, we confirm that the request came from a law enforcement agency, an authority sent an official notice summarizing the emergency, and how the information requested will assist in addressing the emergency.

Cost reimbursement

We reserve the right to seek reimbursement for administrative costs associated with responding to requests for information, as allowed by law.

Data preservation

We will take steps to preserve account records for up to 90 days upon formal request from U.S. law enforcement in connection with official criminal investigations, and pending the issuance of a court order or other process.

Submitting requests

Please serve requests to:

GitHub, Inc.
c/o Corporation Service Company
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833-3505

You may also send a courtesy copy to legal@support.github.com.

Please make your requests as specific and narrow as possible, including the following information:

Please allow at least two weeks for us to be able to look into your request.

Requests from foreign law enforcement

As a United States company based in California, GitHub is not required to provide data to foreign governments in response to legal process issued by foreign authorities. Foreign law enforcement officials wishing to request information from GitHub should contact the United States Department of Justice Criminal Division's Office of International Affairs. GitHub will promptly respond to requests that are issued via U.S. court by way of a mutual legal assistance treaty (“MLAT”) or letter rogatory.

Questions

Do you have other questions, comments or suggestions? Please contact GitHub Support or GitHub Premium Support.

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