FREE - On Google Play

Law Enforcement Response Guide

This guide addresses Whisper's procedures for responding in accordance with U.S. law to legal process and requests for information about Whisper and Whisper users from U.S. governmental entities. This guide does not apply to legal process or requests from other domestic entities such as civil litigants or from foreign government agencies or litigants.

This Guide is published for Whisper’s convenience and for informational purposes only. Whisper reserves the right, in its sole discretion, to depart from the practices and standards set forth herein, and nothing in this Guide creates a right or the basis for a claim by a third party, including a governmental entity, or is or should be construed as a promise or guarantee that Whisper will act in a given way in any particular circumstance.

About Whisper

Whisper allows users to communicate without providing or disclosing their identities by posting content for public viewing and sending private messages. Most content on Whisper is posted publicly, so the public, including law enforcement, can view it at any time.

Whisper is unlike other services because Whisper users do not register for unique Whisper accounts and do not generally provide to Whisper their names, email addresses, phone numbers, or similar identifying information. Because of the nature of Whisper’s service, Whisper does not have information about users' names, email or physical addresses, phone numbers, or payment accounts. Whisper does assign a non-unique display name to each user. Multiple users may be assigned the same display name and users can change their assigned display name at any time and as many times as they like.

Whisper stores content posted for public viewing and usage data, including session times and location information, in accordance with its Privacy Policy and Terms of Use. Location information may not be available, for example, when it is not transmitted to Whisper. Whisper may retain for a limited time certain IP addresses associated with a device that accessed Whisper, but Whisper is not able to match posted content with an exact IP address.

Whisper Requires Valid Legal Process for Disclosure of User Information

Except in certain emergency situations described below and consistent with its Terms of Use and Privacy Policy, Whisper will not disclose user information or content to a U.S. governmental entity unless it is presented with a valid subpoena, court order, search warrant, or other legal process issued by a United States court or that entity.

Information That Must Accompany Law Enforcement Requests

Governmental entities must submit with every request or piece of legal process specific information that Whisper needs to accurately search its stored data. Because Whisper display names are not unique, it is not possible to identify a particular user account by a display name alone and therefore Whisper cannot guarantee that it will be able to identify any particular user based solely on information pertaining to a public Whisper. Law enforcement requests, including preservation requests, for user information must include:

  • The user's Whisper display name;
  • An image of the user’s public Whisper post, the precise text of the particular Whisper with respect to which information is sought, or the unique URL for the public Whisper about which the legal process is seeking information;
  • The specific information (e.g., usage data) that is requested and its relationship to your investigation; and,
  • The date by which a response is requested.

Whisper responds to preservation requests issued under 18 U.S.C. § 2703(f). Preservation requests must identify the Whisper and information to be preserved with specificity.

Life-Threatening Emergencies

Whisper may disclose information or content to U.S. governmental entities without receiving legal process when Whisper believes, in good faith, that an emergency involving a danger of death or serious physical injury to any person requires disclosure without delay.

If a U.S. governmental entity believes that such an emergency exists, it should provide to Whisper the following information, in writing, via the contact information provided below:

  1. A summary of the emergency;
  2. An explanation of how the emergency involves a danger of death or serious physical injury that requires disclosure of the records sought without delay;
  3. An explanation of how the requested communications relate to the emergency; and
  4. An explanation of why the emergency precludes the entity from obtaining legal process.

In addition, Whisper requires the following information to verify that the emergency request is from a U.S. law enforcement authority:

  • Requesting Agency name;
  • Requesting Agent name; and
  • Requesting Agent and Agency work contact information, such as a governmental email address, phone number, fax number, or mailing address.

User Notice of Governmental Entity Legal Process and Requests

Unless prohibited by a court order issued under 18 U.S.C. § 2705 or other applicable statute, Whisper may provide notice to the affected users of governmental entity legal process or requests for their information consistent with its Terms of Use and Privacy Policy.

Cost Reimbursement

Pursuant to 18 U.S.C. § 2706, Whisper may seek reimbursement for its costs that are reasonably necessary and directly incurred in searching for, assembling, reproducing or providing user information or content in response to compulsory law enforcement process.

Contact Information

U.S. governmental entities may send legal process or requests for records to Whisper at:

Email (preferred): law@whisper.sh
Facsimile: 310-421-9200

This contact information is provided for Whisper’s convenience for use by U.S. governmental entities only and Whisper does not waive and expressly reserves its available objections.

Non-U.S. Law Enforcement Requests

Whisper is a U.S. company, headquartered in Venice, California and responds to valid, legal process from U.S. governmental entities or courts.