§ 19.2-70.3. Obtaining records concerning electronic communication service orremote computing service.
A. A provider of electronic communication service or remote computingservice, which, for purposes of subdivisions A 2 through A 4, includes aforeign corporation that provides such services, shall disclose a record orother information pertaining to a subscriber to or customer of such service,excluding the contents of electronic communications, to an investigative orlaw-enforcement officer only pursuant to:
1. A subpoena issued by a grand jury of a court of this Commonwealth;
2. A search warrant issued by a magistrate, general district court or acircuit court;
3. A court order for such disclosure issued as provided in this section; or
4. The consent of the subscriber or customer to such disclosure.
B. A court shall issue an order for disclosure under this section only if theinvestigative or law-enforcement officer shows that there is reason tobelieve the records or other information sought are relevant and material toan ongoing criminal investigation, or the investigation of any missing childas defined in § 52-32, missing senior adult as defined in § 52-34.4, or anincapacitated person as defined in § 37.2-1000 who meets the definition of amissing senior adult except for the age requirement. A court issuing an orderpursuant to this section, on a motion made promptly by the service provider,may quash or modify the order, if the information or records requested areunusually voluminous in nature or compliance with such order would otherwisecause an undue burden on such provider.
C. A provider of electronic communication service or remote computingservice, including a foreign corporation that provides such services, shalldisclose the contents of electronic communications to an investigative orlaw-enforcement officer only pursuant to a search warrant issued by amagistrate, a juvenile and domestic relations district court, a generaldistrict court, or a circuit court, based upon complaint on oath supported byan affidavit as required in § 19.2-54, or judicial officer or court of any ofthe several states of the United States or its territories, or the Districtof Columbia when the warrant issued by such officer or such court complieswith the provisions of subsection E. In the case of a search warrant directedto a foreign corporation the affidavit shall state that the complainantbelieves that the records requested are actually or constructively possessedby a foreign corporation that provides electronic communication service orremote computing service within the Commonwealth of Virginia. If satisfiedthat probable cause has been established for such belief and as required byChapter 5 (§ 19.2-52 et seq.), the magistrate, the juvenile and domesticrelations district court, the general district court, or the circuit courtshall issue a warrant identifying those records to be searched for andcommanding the person seeking such warrant to properly serve the warrant uponthe foreign corporation.
D. In order to comply with the requirements of § 19.2-54, any search of therecords of a foreign corporation shall be deemed to have been made in thesame place wherein the search warrant was issued.
E. A Virginia corporation or other entity that provides electroniccommunication services or remote computing services to the general public,when properly served with a search warrant and affidavit in support of thewarrant, issued by a judicial officer or court of any of the several statesof the United States or its territories, or the District of Columbia withjurisdiction over the matter, to produce a record or other informationpertaining to a subscriber to or customer of such service or the contents ofelectronic communications, or both, shall produce the record or otherinformation or the contents of electronic communications as if that warranthad been issued by a Virginia court. The provisions of this subsection shallonly apply to a record or other information or contents of electroniccommunications relating to the commission of a criminal offense that issubstantially similar to (i) a violent felony as defined in § 17.1-805, (ii)an act of violence as defined in § 19.2-297.1, (iii) any offense for whichregistration is required pursuant to § 9.1-902, (iv) computer fraud pursuantto § 18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3. The searchwarrant shall be enforced and executed in the Commonwealth as if it were asearch warrant described in subsection C.
F. The provider of electronic communication service or remote computingservice may verify the authenticity of the written reports or records that itdiscloses pursuant to this section, excluding the contents of electroniccommunications, by providing an affidavit from the custodian of those writtenreports or records or from a person to whom said custodian reports certifyingthat they are true and complete and that they are prepared in the regularcourse of business. When so authenticated, the written reports and recordsare admissible in evidence as a business records exception to the hearsayrule.
G. No cause of action shall lie in any court against a provider of a wire orelectronic communication service, its officers, employees, agents, or otherspecified persons for providing information, facilities, or assistance inaccordance with the terms of a court order, warrant or subpoena under thissection.
H. For the purposes of this section:
"Foreign corporation" means any corporation or other entity, whose primaryplace of business is located outside of the boundaries of the Commonwealth,that makes a contract or engages in a terms of service agreement with aresident of the Commonwealth to be performed in whole or in part by eitherparty in the Commonwealth, or a corporation that has been issued acertificate of authority pursuant to § 13.1-759 to transact business in theCommonwealth. The making of the contract or terms of service agreement or theissuance of a certificate of authority shall be considered to be theagreement of the foreign corporation or entity that a search warrant orsubpoena, which has been properly served on it, has the same legal force andeffect as if served personally within the Commonwealth.
"Properly served" means delivery of a search warrant or subpoena by hand,by United States mail, by commercial delivery service, by facsimile or by anyother manner to any officer of a corporation or its general manager in theCommonwealth, to any natural person designated by it as agent for the serviceof process, or if such corporation has designated a corporate agent, to anyperson named in the latest annual report filed pursuant to § 13.1-775.
(1988, c. 889; 2009, c. 378; 2010, cc. 319, 473, 582, 720, 721.)
§ 19.2-70.3. Obtaining records concerning electronic communication service orremote computing service.
A. A provider of electronic communication service or remote computingservice, which, for purposes of subdivisions A 2 through A 4, includes aforeign corporation that provides such services, shall disclose a record orother information pertaining to a subscriber to or customer of such service,excluding the contents of electronic communications, to an investigative orlaw-enforcement officer only pursuant to:
1. A subpoena issued by a grand jury of a court of this Commonwealth;
2. A search warrant issued by a magistrate, general district court or acircuit court;
3. A court order for such disclosure issued as provided in this section; or
4. The consent of the subscriber or customer to such disclosure.
B. A court shall issue an order for disclosure under this section only if theinvestigative or law-enforcement officer shows that there is reason tobelieve the records or other information sought are relevant and material toan ongoing criminal investigation, or the investigation of any missing childas defined in § 52-32, missing senior adult as defined in § 52-34.4, or anincapacitated person as defined in § 37.2-1000 who meets the definition of amissing senior adult except for the age requirement. A court issuing an orderpursuant to this section, on a motion made promptly by the service provider,may quash or modify the order, if the information or records requested areunusually voluminous in nature or compliance with such order would otherwisecause an undue burden on such provider.
C. A provider of electronic communication service or remote computingservice, including a foreign corporation that provides such services, shalldisclose the contents of electronic communications to an investigative orlaw-enforcement officer only pursuant to a search warrant issued by amagistrate, a juvenile and domestic relations district court, a generaldistrict court, or a circuit court, based upon complaint on oath supported byan affidavit as required in § 19.2-54, or judicial officer or court of any ofthe several states of the United States or its territories, or the Districtof Columbia when the warrant issued by such officer or such court complieswith the provisions of subsection E. In the case of a search warrant directedto a foreign corporation the affidavit shall state that the complainantbelieves that the records requested are actually or constructively possessedby a foreign corporation that provides electronic communication service orremote computing service within the Commonwealth of Virginia. If satisfiedthat probable cause has been established for such belief and as required byChapter 5 (§ 19.2-52 et seq.), the magistrate, the juvenile and domesticrelations district court, the general district court, or the circuit courtshall issue a warrant identifying those records to be searched for andcommanding the person seeking such warrant to properly serve the warrant uponthe foreign corporation.
D. In order to comply with the requirements of § 19.2-54, any search of therecords of a foreign corporation shall be deemed to have been made in thesame place wherein the search warrant was issued.
E. A Virginia corporation or other entity that provides electroniccommunication services or remote computing services to the general public,when properly served with a search warrant and affidavit in support of thewarrant, issued by a judicial officer or court of any of the several statesof the United States or its territories, or the District of Columbia withjurisdiction over the matter, to produce a record or other informationpertaining to a subscriber to or customer of such service or the contents ofelectronic communications, or both, shall produce the record or otherinformation or the contents of electronic communications as if that warranthad been issued by a Virginia court. The provisions of this subsection shallonly apply to a record or other information or contents of electroniccommunications relating to the commission of a criminal offense that issubstantially similar to (i) a violent felony as defined in § 17.1-805, (ii)an act of violence as defined in § 19.2-297.1, (iii) any offense for whichregistration is required pursuant to § 9.1-902, (iv) computer fraud pursuantto § 18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3. The searchwarrant shall be enforced and executed in the Commonwealth as if it were asearch warrant described in subsection C.
F. The provider of electronic communication service or remote computingservice may verify the authenticity of the written reports or records that itdiscloses pursuant to this section, excluding the contents of electroniccommunications, by providing an affidavit from the custodian of those writtenreports or records or from a person to whom said custodian reports certifyingthat they are true and complete and that they are prepared in the regularcourse of business. When so authenticated, the written reports and recordsare admissible in evidence as a business records exception to the hearsayrule.
G. No cause of action shall lie in any court against a provider of a wire orelectronic communication service, its officers, employees, agents, or otherspecified persons for providing information, facilities, or assistance inaccordance with the terms of a court order, warrant or subpoena under thissection.
H. For the purposes of this section:
"Foreign corporation" means any corporation or other entity, whose primaryplace of business is located outside of the boundaries of the Commonwealth,that makes a contract or engages in a terms of service agreement with aresident of the Commonwealth to be performed in whole or in part by eitherparty in the Commonwealth, or a corporation that has been issued acertificate of authority pursuant to § 13.1-759 to transact business in theCommonwealth. The making of the contract or terms of service agreement or theissuance of a certificate of authority shall be considered to be theagreement of the foreign corporation or entity that a search warrant orsubpoena, which has been properly served on it, has the same legal force andeffect as if served personally within the Commonwealth.
"Properly served" means delivery of a search warrant or subpoena by hand,by United States mail, by commercial delivery service, by facsimile or by anyother manner to any officer of a corporation or its general manager in theCommonwealth, to any natural person designated by it as agent for the serviceof process, or if such corporation has designated a corporate agent, to anyperson named in the latest annual report filed pursuant to § 13.1-775.
(1988, c. 889; 2009, c. 378; 2010, cc. 319, 473, 582, 720, 721.)
§ 19.2-70.3. Obtaining records concerning electronic communication service orremote computing service.
A. A provider of electronic communication service or remote computingservice, which, for purposes of subdivisions A 2 through A 4, includes aforeign corporation that provides such services, shall disclose a record orother information pertaining to a subscriber to or customer of such service,excluding the contents of electronic communications, to an investigative orlaw-enforcement officer only pursuant to:
1. A subpoena issued by a grand jury of a court of this Commonwealth;
2. A search warrant issued by a magistrate, general district court or acircuit court;
3. A court order for such disclosure issued as provided in this section; or
4. The consent of the subscriber or customer to such disclosure.
B. A court shall issue an order for disclosure under this section only if theinvestigative or law-enforcement officer shows that there is reason tobelieve the records or other information sought are relevant and material toan ongoing criminal investigation, or the investigation of any missing childas defined in § 52-32, missing senior adult as defined in § 52-34.4, or anincapacitated person as defined in § 37.2-1000 who meets the definition of amissing senior adult except for the age requirement. A court issuing an orderpursuant to this section, on a motion made promptly by the service provider,may quash or modify the order, if the information or records requested areunusually voluminous in nature or compliance with such order would otherwisecause an undue burden on such provider.
C. A provider of electronic communication service or remote computingservice, including a foreign corporation that provides such services, shalldisclose the contents of electronic communications to an investigative orlaw-enforcement officer only pursuant to a search warrant issued by amagistrate, a juvenile and domestic relations district court, a generaldistrict court, or a circuit court, based upon complaint on oath supported byan affidavit as required in § 19.2-54, or judicial officer or court of any ofthe several states of the United States or its territories, or the Districtof Columbia when the warrant issued by such officer or such court complieswith the provisions of subsection E. In the case of a search warrant directedto a foreign corporation the affidavit shall state that the complainantbelieves that the records requested are actually or constructively possessedby a foreign corporation that provides electronic communication service orremote computing service within the Commonwealth of Virginia. If satisfiedthat probable cause has been established for such belief and as required byChapter 5 (§ 19.2-52 et seq.), the magistrate, the juvenile and domesticrelations district court, the general district court, or the circuit courtshall issue a warrant identifying those records to be searched for andcommanding the person seeking such warrant to properly serve the warrant uponthe foreign corporation.
D. In order to comply with the requirements of § 19.2-54, any search of therecords of a foreign corporation shall be deemed to have been made in thesame place wherein the search warrant was issued.
E. A Virginia corporation or other entity that provides electroniccommunication services or remote computing services to the general public,when properly served with a search warrant and affidavit in support of thewarrant, issued by a judicial officer or court of any of the several statesof the United States or its territories, or the District of Columbia withjurisdiction over the matter, to produce a record or other informationpertaining to a subscriber to or customer of such service or the contents ofelectronic communications, or both, shall produce the record or otherinformation or the contents of electronic communications as if that warranthad been issued by a Virginia court. The provisions of this subsection shallonly apply to a record or other information or contents of electroniccommunications relating to the commission of a criminal offense that issubstantially similar to (i) a violent felony as defined in § 17.1-805, (ii)an act of violence as defined in § 19.2-297.1, (iii) any offense for whichregistration is required pursuant to § 9.1-902, (iv) computer fraud pursuantto § 18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3. The searchwarrant shall be enforced and executed in the Commonwealth as if it were asearch warrant described in subsection C.
F. The provider of electronic communication service or remote computingservice may verify the authenticity of the written reports or records that itdiscloses pursuant to this section, excluding the contents of electroniccommunications, by providing an affidavit from the custodian of those writtenreports or records or from a person to whom said custodian reports certifyingthat they are true and complete and that they are prepared in the regularcourse of business. When so authenticated, the written reports and recordsare admissible in evidence as a business records exception to the hearsayrule.
G. No cause of action shall lie in any court against a provider of a wire orelectronic communication service, its officers, employees, agents, or otherspecified persons for providing information, facilities, or assistance inaccordance with the terms of a court order, warrant or subpoena under thissection.
H. For the purposes of this section:
"Foreign corporation" means any corporation or other entity, whose primaryplace of business is located outside of the boundaries of the Commonwealth,that makes a contract or engages in a terms of service agreement with aresident of the Commonwealth to be performed in whole or in part by eitherparty in the Commonwealth, or a corporation that has been issued acertificate of authority pursuant to § 13.1-759 to transact business in theCommonwealth. The making of the contract or terms of service agreement or theissuance of a certificate of authority shall be considered to be theagreement of the foreign corporation or entity that a search warrant orsubpoena, which has been properly served on it, has the same legal force andeffect as if served personally within the Commonwealth.
"Properly served" means delivery of a search warrant or subpoena by hand,by United States mail, by commercial delivery service, by facsimile or by anyother manner to any officer of a corporation or its general manager in theCommonwealth, to any natural person designated by it as agent for the serviceof process, or if such corporation has designated a corporate agent, to anyperson named in the latest annual report filed pursuant to § 13.1-775.
(1988, c. 889; 2009, c. 378; 2010, cc. 319, 473, 582, 720, 721.)
