Can you provide a citation for that? It seems to be like it would be impossible to show proof that such an email was received[1], which I imagine is necessary to declare the subpoena served in a court of law. We do have some other means for sending things like that through the internet (mostly used by lawyers and courts), but I find it hard to believe that merely sending an email without (at the very least) prior contact where the servee indicates subpoenas can be served via email would hold up in court.
[1]: IIRC, in my country the courts ruled that a) SMTP logs of sending an email are not sufficient technical proof of delivery and b) even if it was, that's not enough because you cannot be expected to regularly check your email account and read new mail. Things might be different in the U.S., that's why I'm asking.
There's no need to prove that the subpoena was delivered unless the recipient claims otherwise. Email is regularly used to deliver subpoenas (in fact, it's probably the most common way to deliver them).
Interestingly, there's also this bit on their homepage[1]:
> In order for your subpoena / order to be processed, it must be sent to my lawyer. Do not send subpoenas to vc@cock.li or abuse@cock.li. Instead, E-mail or call me to request my lawyer's contact information.
It makes sense to have an established point of contact (which might be an email address) for LEAs if you're something like an ISP which regularly receives subpoenas. I'm more curious about subpoenas sent to individuals via email without any prior LEA contact.
It's also worth noting that the burden of proof for something like this is, at least in my country, on the sender's end, which is why all court communication is sent by registered post.
The method of delivery doesn't really have any bearing on the validity of the subpoena, however with some methods it may be easier for the recipient to fraudulently claim that they didn't receive it.
I'm sure they'll use alternate methods if the emails are ignored.
Service of process is regulated at the state, and sometimes local, level. For you to assert that email is a generally valid method requires some evidence.
[1]: IIRC, in my country the courts ruled that a) SMTP logs of sending an email are not sufficient technical proof of delivery and b) even if it was, that's not enough because you cannot be expected to regularly check your email account and read new mail. Things might be different in the U.S., that's why I'm asking.