§ 19.2-10.2. Administrative subpoena issued for record from provider ofelectronic communication service or remote computing service.
A. A provider of electronic communication service or remote computing servicethat is transacting or has transacted any business in the Commonwealth shalldisclose a record or other information pertaining to a subscriber to orcustomer of such service, excluding the contents of electronic communicationsas required by § 19.2-70.3, to an attorney for the Commonwealth pursuant toan administrative subpoena issued under this section.
1. In order to obtain such records or other information, the attorney for theCommonwealth shall certify on the face of the subpoena that there is reasonto believe that the records or other information being sought are relevant toa legitimate law-enforcement investigation concerning violations of §§18.2-374.1, 18.2-374.1:1, former § 18.2-374.1:2, and § 18.2-374.3.
2. On a motion made promptly by the electronic communication service orremote computing service provider, a court of competent jurisdiction mayquash or modify the administrative subpoena if the records or otherinformation requested are unusually voluminous in nature or if compliancewith the subpoena would otherwise cause an undue burden on the serviceprovider.
B. All records or other information received by an attorney for theCommonwealth pursuant to an administrative subpoena issued under this sectionshall be used only for a reasonable length of time not to exceed 30 days andonly for a legitimate law-enforcement purpose. Upon completion of theinvestigation the records or other information held by the attorney for theCommonwealth shall be destroyed if no prosecution is initiated.
C. No cause of action shall lie in any court against an electroniccommunication service or remote computing service provider, its officers,employees, agents, or other specified persons for providing information,facilities, or assistance in accordance with the terms of an administrativesubpoena issued under this section.
D. Records or other information pertaining to a subscriber to or customer ofsuch service means name, address, local and long distance telephoneconnection records, or records of session times and durations, length ofservice, including start date, and types of service utilized, telephone orinstrument number or other subscriber number or identity, including anytemporarily assigned network address, and means and source of payment forsuch service.
E. Nothing in this section shall require the disclosure of information inviolation of any federal law.
§ 19.2-10.2. Administrative subpoena issued for record from provider ofelectronic communication service or remote computing service.
A. A provider of electronic communication service or remote computing servicethat is transacting or has transacted any business in the Commonwealth shalldisclose a record or other information pertaining to a subscriber to orcustomer of such service, excluding the contents of electronic communicationsas required by § 19.2-70.3, to an attorney for the Commonwealth pursuant toan administrative subpoena issued under this section.
1. In order to obtain such records or other information, the attorney for theCommonwealth shall certify on the face of the subpoena that there is reasonto believe that the records or other information being sought are relevant toa legitimate law-enforcement investigation concerning violations of §§18.2-374.1, 18.2-374.1:1, former § 18.2-374.1:2, and § 18.2-374.3.
2. On a motion made promptly by the electronic communication service orremote computing service provider, a court of competent jurisdiction mayquash or modify the administrative subpoena if the records or otherinformation requested are unusually voluminous in nature or if compliancewith the subpoena would otherwise cause an undue burden on the serviceprovider.
B. All records or other information received by an attorney for theCommonwealth pursuant to an administrative subpoena issued under this sectionshall be used only for a reasonable length of time not to exceed 30 days andonly for a legitimate law-enforcement purpose. Upon completion of theinvestigation the records or other information held by the attorney for theCommonwealth shall be destroyed if no prosecution is initiated.
C. No cause of action shall lie in any court against an electroniccommunication service or remote computing service provider, its officers,employees, agents, or other specified persons for providing information,facilities, or assistance in accordance with the terms of an administrativesubpoena issued under this section.
D. Records or other information pertaining to a subscriber to or customer ofsuch service means name, address, local and long distance telephoneconnection records, or records of session times and durations, length ofservice, including start date, and types of service utilized, telephone orinstrument number or other subscriber number or identity, including anytemporarily assigned network address, and means and source of payment forsuch service.
E. Nothing in this section shall require the disclosure of information inviolation of any federal law.
§ 19.2-10.2. Administrative subpoena issued for record from provider ofelectronic communication service or remote computing service.
A. A provider of electronic communication service or remote computing servicethat is transacting or has transacted any business in the Commonwealth shalldisclose a record or other information pertaining to a subscriber to orcustomer of such service, excluding the contents of electronic communicationsas required by § 19.2-70.3, to an attorney for the Commonwealth pursuant toan administrative subpoena issued under this section.
1. In order to obtain such records or other information, the attorney for theCommonwealth shall certify on the face of the subpoena that there is reasonto believe that the records or other information being sought are relevant toa legitimate law-enforcement investigation concerning violations of §§18.2-374.1, 18.2-374.1:1, former § 18.2-374.1:2, and § 18.2-374.3.
2. On a motion made promptly by the electronic communication service orremote computing service provider, a court of competent jurisdiction mayquash or modify the administrative subpoena if the records or otherinformation requested are unusually voluminous in nature or if compliancewith the subpoena would otherwise cause an undue burden on the serviceprovider.
B. All records or other information received by an attorney for theCommonwealth pursuant to an administrative subpoena issued under this sectionshall be used only for a reasonable length of time not to exceed 30 days andonly for a legitimate law-enforcement purpose. Upon completion of theinvestigation the records or other information held by the attorney for theCommonwealth shall be destroyed if no prosecution is initiated.
C. No cause of action shall lie in any court against an electroniccommunication service or remote computing service provider, its officers,employees, agents, or other specified persons for providing information,facilities, or assistance in accordance with the terms of an administrativesubpoena issued under this section.
D. Records or other information pertaining to a subscriber to or customer ofsuch service means name, address, local and long distance telephoneconnection records, or records of session times and durations, length ofservice, including start date, and types of service utilized, telephone orinstrument number or other subscriber number or identity, including anytemporarily assigned network address, and means and source of payment forsuch service.
E. Nothing in this section shall require the disclosure of information inviolation of any federal law.
