{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-70.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-70.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-70.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-70.3.html"}],"law_id":56012,"edition_id":1,"section_id":56012,"structure_id":12802,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","history":"1988, c. 889; 2009, c. 378; 2010, cc. 319, 473, 582, 720, 721; 2011, c. 392; 2014, c. 388; 2015, cc. 43, 634; 2016, cc. 549, 576, 616; 2018, c. 667; 2024, c. 325; 2025, c. 286.","full_text":"A\n\nA provider of electronic communication service or remote computing service, which, for purposes of subdivisions 2, 3, and 4, includes a foreign corporation that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of such service, excluding the contents of electronic communications and real-time location data, to an investigative or law-enforcement officer only pursuant to:1\n\nA subpoena issued by a grand jury of a court of the Commonwealth;2\n\nA search warrant issued by a magistrate, general district court, or circuit court;3\n\nA court order issued by a circuit court for such disclosure issued as provided in subsection B; or4\n\nThe consent of the subscriber or customer to such disclosure.B\n\nA court shall issue an order for disclosure under this section only if the investigative or law-enforcement officer shows that there is reason to believe the records or other information sought are relevant and material to an ongoing criminal investigation, or the investigation of any missing child as defined in § 52-32, any missing senior adult as defined in § 52-34.4, an incapacitated person as defined in § 64.2-2000 who meets the definition of a missing senior adult except for the age requirement, or any critically missing adult as defined in § 15.2-1718.2. Upon issuance of an order for disclosure under this section, the order and any written application or statement of facts may be sealed by the court for 90 days for good cause shown upon application of the attorney for the Commonwealth in an ex parte proceeding. The order and any written application or statement of facts may be sealed for additional 90-day periods for good cause shown upon subsequent application of the attorney for the Commonwealth in an ex parte proceeding. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue burden on such provider.C\n\nExcept as provided in subsection D or E, a provider of electronic communication service or remote computing service, including a foreign corporation that provides such services, shall disclose the contents of electronic communications or real-time location data to an investigative or law-enforcement officer only pursuant to a search warrant issued by a magistrate, a juvenile and domestic relations district court, a general district court, or a circuit court, based upon complaint on oath supported by an affidavit as required in § 19.2-54, or judicial officer or court of any of the several states of the United States or its territories, or the District of Columbia when the warrant issued by such officer or such court complies with the provisions of subsection G. In the case of a search warrant directed to a foreign corporation, the affidavit shall state that the complainant believes that the records requested are actually or constructively possessed by a foreign corporation that provides electronic communication service or remote computing service within the Commonwealth of Virginia. If satisfied that probable cause has been established for such belief and as required by Chapter 5 (§ 19.2-52 et seq.), the magistrate, the juvenile and domestic relations district court, the general district court, or the circuit court shall issue a warrant identifying those records to be searched for and commanding the person seeking such warrant to properly serve the warrant upon the foreign corporation. A search warrant for real-time location data shall be issued if the magistrate, the juvenile and domestic relations district court, the general district court, or the circuit court is satisfied that probable cause has been established that the real-time location data sought is relevant to a crime that is being committed or has been committed or that an arrest warrant exists for the person whose real-time location data is sought.D\n\nA provider of electronic communication service or remote computing service, including a foreign corporation that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of such service, including real-time location data but excluding the contents of electronic communications, to an investigative or law-enforcement officer pursuant to an administrative subpoena issued pursuant to § 19.2-10.2 concerning a violation of § 18.2-374.1 or 18.2-374.1:1, former § 18.2-374.1:2, or § 18.2-374.3 when the information sought is relevant and material to an ongoing criminal investigation.E\n\nWhen disclosure of real-time location data or subscriber data is not prohibited by federal law, an investigative or law-enforcement officer may obtain real-time location data or subscriber data without a warrant in the following circumstances:1\n\nTo respond to the user’s call for emergency services;2\n\nWith the informed, affirmative consent of the owner or user of the electronic device concerned if (i) the device is in his possession; (ii) the owner or user knows or believes that the device is in the possession of an employee or agent of the owner or user with the owner’s or user’s consent; or (iii) the owner or user knows or believes that the device has been taken by a third party without the consent of the owner or user;3\n\nWith the informed, affirmative consent of the legal guardian or next of kin of the owner or user, if reasonably available, if the owner or user is reasonably believed to be deceased, is reported missing, or is unable to be contacted;4\n\nTo locate a child who is reasonably believed to have been abducted or to be missing and endangered;5\n\nIf the investigative or law-enforcement officer reasonably believes that an emergency involving the immediate danger to a person requires the disclosure, without delay, of real-time location data concerning a specific person and that a warrant cannot be obtained in time to prevent the identified danger; or6\n\nIf the investigative or law-enforcement officer reasonably believes that (i) an individual or group of individuals has made a credible threat via electronic communication to commit an act of violence upon the property, including the buildings and grounds thereof, of any (a) child day center, as defined in § 22.1-289.02, including any preschool program offered by a publicly funded provider; (b) any preschool or nursery school program certified by the Board of Education pursuant to § 22.1-289.032; or (c) public, private, or religious elementary or secondary school, as defined in § 22.1-1, and (ii) a warrant cannot be obtained in time to prevent the identified danger or identify the source of the threat.\n\t\t\t\tNo later than three business days after seeking disclosure of real-time location data or subscriber data pursuant to this subsection, the investigative or law-enforcement officer seeking the information shall file with the appropriate court a written statement setting forth the facts giving rise to the emergency and the facts as to why the person whose real-time location data or subscriber data was sought is believed to be important in addressing the emergency. No real-time location data or subscriber data obtained pursuant to this subsection shall be admissible in a criminal proceeding unless a judge finds that probable cause for the issuance of a search warrant existed at the time of the search and such data is otherwise admissible, provided that no such data obtained is presented to establish the necessary probable cause.F\n\nIn order to comply with the requirements of § 19.2-54, any search of the records of a foreign corporation shall be deemed to have been made in the same place wherein the search warrant was issued.G\n\nA Virginia corporation or other entity that provides electronic communication services or remote computing services to the general public, when properly served with a search warrant and affidavit in support of the warrant, issued by a judicial officer or court of any of the several states of the United States or its territories, or the District of Columbia with jurisdiction over the matter, to produce a record or other information pertaining to a subscriber to or customer of such service, including real-time location data, or the contents of electronic communications, or both, shall produce the record or other information, including real-time location data, or the contents of electronic communications as if that warrant had been issued by a Virginia court. The provisions of this subsection shall only apply to a record or other information, including real-time location data, or contents of electronic communications relating to the commission of a criminal offense that is substantially 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 which registration is required pursuant to § 9.1-902, (iv) computer fraud pursuant to § 18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3. The search warrant shall be enforced and executed in the Commonwealth as if it were a search warrant described in subsection C.H\n\nThe provider of electronic communication service or remote computing service may verify the authenticity of the written reports or records that it discloses pursuant to this section by providing an affidavit from the custodian of those written reports or records or from a person to whom said custodian reports certifying that they are true and complete copies of reports or records and that they are prepared in the regular course of business. When so authenticated, no other evidence of authenticity shall be necessary. The written reports and records, excluding the contents of electronic communications, shall be considered business records for purposes of the business records exception to the hearsay rule.I\n\nNo cause of action shall lie in any court against a provider of a wire or electronic communication service or remote computing service or such provider’s officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, administrative subpoena, or subpoena under this section or the provisions of subsection E.J\n\nA search warrant or administrative subpoena for the disclosure of real-time location data pursuant to this section shall require the provider to provide ongoing disclosure of such data for a reasonable period of time, not to exceed 30 days. A court may, for good cause shown, grant one or more extensions, not to exceed 30 days each.K\n\nAn investigative or law-enforcement officer shall not use any device to obtain electronic communications or collect real-time location data from an electronic device without first obtaining a search warrant authorizing the use of the device if, in order to obtain the contents of such electronic communications or such real-time location data from the provider of electronic communication service or remote computing service, such officer would be required to obtain a search warrant pursuant to this section. However, an investigative or law-enforcement officer may use such a device without first obtaining a search warrant under the circumstances set forth in subsection E. For purposes of subdivision E 5, the investigative or law-enforcement officer using such a device shall be considered to be the possessor of the real-time location data.L\n\nUpon issuance of any subpoena, search warrant, or order for disclosure issued under this section, upon written certification by the attorney for the Commonwealth that there is a reason to believe that the victim is under the age of 18 and that notification or disclosure of the existence of the subpoena, search warrant, or order will endanger the life or physical safety of an individual, or lead to flight from prosecution, the destruction of or tampering with evidence, the intimidation of potential witnesses, or otherwise seriously jeopardize an investigation, the court may in an ex parte proceeding order a provider of electronic communication service or remote computing service not to disclose for a period of 90 days the existence of the subpoena, search warrant, or order and written application or statement of facts to another person, other than an attorney to obtain legal advice. The nondisclosure order may be renewed for additional 90-day periods for good cause shown upon subsequent application of the attorney for the Commonwealth in an ex parte proceeding. A court issuing an order for disclosure pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order if the information or records requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue burden on such provider.M\n\nFor the purposes of this section:\n\t\t\t“Electronic device” means a device that enables access to, or use of, an electronic communication service, remote computing service, or location information service, including a global positioning service or other mapping, locational, or directional information service.\n\t\t\t“Foreign corporation” means any corporation or other entity, whose primary place of business is located outside of the boundaries of the Commonwealth, that makes a contract or engages in a terms of service agreement with a resident of the Commonwealth to be performed in whole or in part by either party in the Commonwealth, or a corporation that has been issued a certificate of authority pursuant to § 13.1-759 to transact business in the Commonwealth. The making of the contract or terms of service agreement or the issuance of a certificate of authority shall be considered to be the agreement of the foreign corporation or entity that a search warrant or subpoena, which has been properly served on it, has the same legal force and effect as if served personally within the Commonwealth.\n\t\t\t“Properly served” means delivery of a search warrant or subpoena by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the Commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775.\n\t\t\t“Real-time location data” means any data or information concerning the current location of an electronic device that, in whole or in part, is generated, derived from, or obtained by the operation of the device.\n\t\t\t“Subscriber data” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider. “Subscriber data” does not include data or personally identifiable information protected by federal or state law, including viewing history, billing details, Internet usage patterns or data, and any other data protected by federal or state law.","order_by":null,"text":{"0":{"id":205288,"text":"A provider of electronic communication service or remote computing service, which, for purposes of subdivisions 2, 3, and 4, includes a foreign corporation that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of such service, excluding the contents of electronic communications and real-time location data, to an investigative or law-enforcement officer only pursuant to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":205289,"text":"A subpoena issued by a grand jury of a court of the Commonwealth;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":205290,"text":"A search warrant issued by a magistrate, general district court, or circuit court;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":205291,"text":"A court order issued by a circuit court for such disclosure issued as provided in subsection B; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":205292,"text":"The consent of the subscriber or customer to such disclosure.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":205293,"text":"A court shall issue an order for disclosure under this section only if the investigative or law-enforcement officer shows that there is reason to believe the records or other information sought are relevant and material to an ongoing criminal investigation, or the investigation of any missing child as defined in § 52-32, any missing senior adult as defined in § 52-34.4, an incapacitated person as defined in § 64.2-2000 who meets the definition of a missing senior adult except for the age requirement, or any critically missing adult as defined in § 15.2-1718.2. Upon issuance of an order for disclosure under this section, the order and any written application or statement of facts may be sealed by the court for 90 days for good cause shown upon application of the attorney for the Commonwealth in an ex parte proceeding. The order and any written application or statement of facts may be sealed for additional 90-day periods for good cause shown upon subsequent application of the attorney for the Commonwealth in an ex parte proceeding. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue burden on such provider.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":205294,"text":"Except as provided in subsection D or E, a provider of electronic communication service or remote computing service, including a foreign corporation that provides such services, shall disclose the contents of electronic communications or real-time location data to an investigative or law-enforcement officer only pursuant to a search warrant issued by a magistrate, a juvenile and domestic relations district court, a general district court, or a circuit court, based upon complaint on oath supported by an affidavit as required in § 19.2-54, or judicial officer or court of any of the several states of the United States or its territories, or the District of Columbia when the warrant issued by such officer or such court complies with the provisions of subsection G. In the case of a search warrant directed to a foreign corporation, the affidavit shall state that the complainant believes that the records requested are actually or constructively possessed by a foreign corporation that provides electronic communication service or remote computing service within the Commonwealth of Virginia. If satisfied that probable cause has been established for such belief and as required by Chapter 5 (§ 19.2-52 et seq.), the magistrate, the juvenile and domestic relations district court, the general district court, or the circuit court shall issue a warrant identifying those records to be searched for and commanding the person seeking such warrant to properly serve the warrant upon the foreign corporation. A search warrant for real-time location data shall be issued if the magistrate, the juvenile and domestic relations district court, the general district court, or the circuit court is satisfied that probable cause has been established that the real-time location data sought is relevant to a crime that is being committed or has been committed or that an arrest warrant exists for the person whose real-time location data is sought.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":205295,"text":"A provider of electronic communication service or remote computing service, including a foreign corporation that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of such service, including real-time location data but excluding the contents of electronic communications, to an investigative or law-enforcement officer pursuant to an administrative subpoena issued pursuant to § 19.2-10.2 concerning a violation of § 18.2-374.1 or 18.2-374.1:1, former § 18.2-374.1:2, or § 18.2-374.3 when the information sought is relevant and material to an ongoing criminal investigation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":205296,"text":"When disclosure of real-time location data or subscriber data is not prohibited by federal law, an investigative or law-enforcement officer may obtain real-time location data or subscriber data without a warrant in the following circumstances:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"9":{"id":205297,"text":"To respond to the user’s call for emergency services;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"10":{"id":205298,"text":"With the informed, affirmative consent of the owner or user of the electronic device concerned if (i) the device is in his possession; (ii) the owner or user knows or believes that the device is in the possession of an employee or agent of the owner or user with the owner’s or user’s consent; or (iii) the owner or user knows or believes that the device has been taken by a third party without the consent of the owner or user;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"11":{"id":205299,"text":"With the informed, affirmative consent of the legal guardian or next of kin of the owner or user, if reasonably available, if the owner or user is reasonably believed to be deceased, is reported missing, or is unable to be contacted;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"12":{"id":205300,"text":"To locate a child who is reasonably believed to have been abducted or to be missing and endangered;","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"13":{"id":205301,"text":"If the investigative or law-enforcement officer reasonably believes that an emergency involving the immediate danger to a person requires the disclosure, without delay, of real-time location data concerning a specific person and that a warrant cannot be obtained in time to prevent the identified danger; or","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"14":{"id":205302,"text":"If the investigative or law-enforcement officer reasonably believes that (i) an individual or group of individuals has made a credible threat via electronic communication to commit an act of violence upon the property, including the buildings and grounds thereof, of any (a) child day center, as defined in § 22.1-289.02, including any preschool program offered by a publicly funded provider; (b) any preschool or nursery school program certified by the Board of Education pursuant to § 22.1-289.032; or (c) public, private, or religious elementary or secondary school, as defined in § 22.1-1, and (ii) a warrant cannot be obtained in time to prevent the identified danger or identify the source of the threat.\n\t\t\t\tNo later than three business days after seeking disclosure of real-time location data or subscriber data pursuant to this subsection, the investigative or law-enforcement officer seeking the information shall file with the appropriate court a written statement setting forth the facts giving rise to the emergency and the facts as to why the person whose real-time location data or subscriber data was sought is believed to be important in addressing the emergency. No real-time location data or subscriber data obtained pursuant to this subsection shall be admissible in a criminal proceeding unless a judge finds that probable cause for the issuance of a search warrant existed at the time of the search and such data is otherwise admissible, provided that no such data obtained is presented to establish the necessary probable cause.","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"F"},"15":{"id":205303,"text":"In order to comply with the requirements of § 19.2-54, any search of the records of a foreign corporation shall be deemed to have been made in the same place wherein the search warrant was issued.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E6","next_prefix":"G"},"16":{"id":205304,"text":"A Virginia corporation or other entity that provides electronic communication services or remote computing services to the general public, when properly served with a search warrant and affidavit in support of the warrant, issued by a judicial officer or court of any of the several states of the United States or its territories, or the District of Columbia with jurisdiction over the matter, to produce a record or other information pertaining to a subscriber to or customer of such service, including real-time location data, or the contents of electronic communications, or both, shall produce the record or other information, including real-time location data, or the contents of electronic communications as if that warrant had been issued by a Virginia court. The provisions of this subsection shall only apply to a record or other information, including real-time location data, or contents of electronic communications relating to the commission of a criminal offense that is substantially 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 which registration is required pursuant to § 9.1-902, (iv) computer fraud pursuant to § 18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3. The search warrant shall be enforced and executed in the Commonwealth as if it were a search warrant described in subsection C.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"17":{"id":205305,"text":"The provider of electronic communication service or remote computing service may verify the authenticity of the written reports or records that it discloses pursuant to this section by providing an affidavit from the custodian of those written reports or records or from a person to whom said custodian reports certifying that they are true and complete copies of reports or records and that they are prepared in the regular course of business. When so authenticated, no other evidence of authenticity shall be necessary. The written reports and records, excluding the contents of electronic communications, shall be considered business records for purposes of the business records exception to the hearsay rule.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"18":{"id":205306,"text":"No cause of action shall lie in any court against a provider of a wire or electronic communication service or remote computing service or such provider’s officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, administrative subpoena, or subpoena under this section or the provisions of subsection E.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"19":{"id":205307,"text":"A search warrant or administrative subpoena for the disclosure of real-time location data pursuant to this section shall require the provider to provide ongoing disclosure of such data for a reasonable period of time, not to exceed 30 days. A court may, for good cause shown, grant one or more extensions, not to exceed 30 days each.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"20":{"id":205308,"text":"An investigative or law-enforcement officer shall not use any device to obtain electronic communications or collect real-time location data from an electronic device without first obtaining a search warrant authorizing the use of the device if, in order to obtain the contents of such electronic communications or such real-time location data from the provider of electronic communication service or remote computing service, such officer would be required to obtain a search warrant pursuant to this section. However, an investigative or law-enforcement officer may use such a device without first obtaining a search warrant under the circumstances set forth in subsection E. For purposes of subdivision E 5, the investigative or law-enforcement officer using such a device shall be considered to be the possessor of the real-time location data.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"21":{"id":205309,"text":"Upon issuance of any subpoena, search warrant, or order for disclosure issued under this section, upon written certification by the attorney for the Commonwealth that there is a reason to believe that the victim is under the age of 18 and that notification or disclosure of the existence of the subpoena, search warrant, or order will endanger the life or physical safety of an individual, or lead to flight from prosecution, the destruction of or tampering with evidence, the intimidation of potential witnesses, or otherwise seriously jeopardize an investigation, the court may in an ex parte proceeding order a provider of electronic communication service or remote computing service not to disclose for a period of 90 days the existence of the subpoena, search warrant, or order and written application or statement of facts to another person, other than an attorney to obtain legal advice. The nondisclosure order may be renewed for additional 90-day periods for good cause shown upon subsequent application of the attorney for the Commonwealth in an ex parte proceeding. A court issuing an order for disclosure pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order if the information or records requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue burden on such provider.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"22":{"id":205310,"text":"For the purposes of this section:\n\t\t\t“Electronic device” means a device that enables access to, or use of, an electronic communication service, remote computing service, or location information service, including a global positioning service or other mapping, locational, or directional information service.\n\t\t\t“Foreign corporation” means any corporation or other entity, whose primary place of business is located outside of the boundaries of the Commonwealth, that makes a contract or engages in a terms of service agreement with a resident of the Commonwealth to be performed in whole or in part by either party in the Commonwealth, or a corporation that has been issued a certificate of authority pursuant to § 13.1-759 to transact business in the Commonwealth. The making of the contract or terms of service agreement or the issuance of a certificate of authority shall be considered to be the agreement of the foreign corporation or entity that a search warrant or subpoena, which has been properly served on it, has the same legal force and effect as if served personally within the Commonwealth.\n\t\t\t“Properly served” means delivery of a search warrant or subpoena by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the Commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775.\n\t\t\t“Real-time location data” means any data or information concerning the current location of an electronic device that, in whole or in part, is generated, derived from, or obtained by the operation of the device.\n\t\t\t“Subscriber data” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider. “Subscriber data” does not include data or personally identifiable information protected by federal or state law, including viewing history, billing details, Internet usage patterns or data, and any other data protected by federal or state law.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":12802,"edition_id":1,"name":"Interception of Wire, Electronic or Oral Communications","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":170861,"object_type":"structure","relational_id":12802,"identifier":"6","token":"19.2\/6","url":"\/19.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53969,"structure_id":12802,"section_number":"19.2-61","catch_line":"Definitions","url":"\/19.2-61\/","token":"19.2\/6\/19.2-61","metadata":false},{"id":60300,"structure_id":12802,"section_number":"19.2-62","catch_line":"Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions","url":"\/19.2-62\/","token":"19.2\/6\/19.2-62","metadata":false},{"id":63623,"structure_id":12802,"section_number":"19.2-63","catch_line":"Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions","url":"\/19.2-63\/","token":"19.2\/6\/19.2-63","metadata":false},{"id":87215,"structure_id":12802,"section_number":"19.2-63.1","catch_line":"Supervision and control of devices; unauthorized possession","url":"\/19.2-63.1\/","token":"19.2\/6\/19.2-63.1","metadata":false},{"id":67905,"structure_id":12802,"section_number":"19.2-64","catch_line":"Forfeiture of unlawful devices","url":"\/19.2-64\/","token":"19.2\/6\/19.2-64","metadata":false},{"id":79412,"structure_id":12802,"section_number":"19.2-65","catch_line":"When intercepted communications and evidence derived therefrom not to be received in evidence","url":"\/19.2-65\/","token":"19.2\/6\/19.2-65","metadata":false},{"id":70476,"structure_id":12802,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","url":"\/19.2-66\/","token":"19.2\/6\/19.2-66","metadata":false},{"id":75148,"structure_id":12802,"section_number":"19.2-67","catch_line":"Disclosure of information obtained by authorized means","url":"\/19.2-67\/","token":"19.2\/6\/19.2-67","metadata":false},{"id":75660,"structure_id":12802,"section_number":"19.2-68","catch_line":"Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained","url":"\/19.2-68\/","token":"19.2\/6\/19.2-68","metadata":false},{"id":57482,"structure_id":12802,"section_number":"19.2-69","catch_line":"Civil action for unlawful interception, disclosure, or use","url":"\/19.2-69\/","token":"19.2\/6\/19.2-69","metadata":false},{"id":84369,"structure_id":12802,"section_number":"19.2-70","catch_line":"Reports to be filed by courts and Attorney General","url":"\/19.2-70\/","token":"19.2\/6\/19.2-70","metadata":false},{"id":72378,"structure_id":12802,"section_number":"19.2-70.1","catch_line":"General prohibition on pen register and trap and trace device use; exceptions","url":"\/19.2-70.1\/","token":"19.2\/6\/19.2-70.1","metadata":false},{"id":80598,"structure_id":12802,"section_number":"19.2-70.2","catch_line":"Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use","url":"\/19.2-70.2\/","token":"19.2\/6\/19.2-70.2","metadata":false},{"id":56012,"structure_id":12802,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","url":"\/19.2-70.3\/","token":"19.2\/6\/19.2-70.3","metadata":false}],"previous_section":{"id":80598,"structure_id":12802,"section_number":"19.2-70.2","catch_line":"Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use","url":"\/19.2-70.2\/","token":"19.2\/6\/19.2-70.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-70.3\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 889 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2009, chapter 378<\/a>; in 2010, chapters 319<\/a>, 473<\/a>, 582<\/a>, 720<\/a>, and 721<\/a>; in 2011, chapter 392<\/a>; in 2014, chapter 388<\/a>; in 2015, chapters 43<\/a> and 634<\/a>; in 2016, chapters 549<\/a>, 576<\/a>, and 616<\/a>; in 2018, chapter 667<\/a>; in 2024, chapter 325<\/a>; in 2025, chapter 286<\/a>.<\/p>","references":[{"id":87357,"section_number":"19.2-10.2","catch_line":"Administrative subpoena issued for record from provider of electronic communication service or remote computing service","order_by":null,"url":"\/19.2-10.2\/"},{"id":71614,"section_number":"19.2-56","catch_line":"(Effective July 1, 2026) To whom search warrant directed; what it shall command; warrant to show date and time of issuance; copy of affidavit to be part of warrant and served therewith; warrants not executed within 15 days","order_by":null,"url":"\/19.2-56\/"},{"id":80598,"section_number":"19.2-70.2","catch_line":"Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use","order_by":null,"url":"\/19.2-70.2\/"}],"refers_to":[{"id":79232,"section_number":"13.1-759","catch_line":"Application for certificate of authority","order_by":null,"url":"\/13.1-759\/"},{"id":77578,"section_number":"13.1-775","catch_line":"Annual report of domestic and foreign corporations","order_by":null,"url":"\/13.1-775\/"},{"id":68631,"section_number":"15.2-1718.2","catch_line":"Receipt of critically missing adult reports","order_by":null,"url":"\/15.2-1718.2\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":55403,"section_number":"18.2-152.3","catch_line":"Computer fraud; penalty","order_by":null,"url":"\/18.2-152.3\/"},{"id":73403,"section_number":"18.2-186.3","catch_line":"Identity theft; penalty; restitution; victim assistance","order_by":null,"url":"\/18.2-186.3\/"},{"id":61326,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","order_by":null,"url":"\/18.2-374.1\/"},{"id":63653,"section_number":"18.2-374.1:1","catch_line":"Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty","order_by":null,"url":"\/18.2-374.1_1\/"},{"id":83319,"section_number":"18.2-374.1:2","catch_line":"Repealed","order_by":null,"url":"\/18.2-374.1_2\/"},{"id":77778,"section_number":"18.2-374.3","catch_line":"Use of communications systems to facilitate certain offenses involving children; penalties","order_by":null,"url":"\/18.2-374.3\/"},{"id":87357,"section_number":"19.2-10.2","catch_line":"Administrative subpoena issued for record from provider of electronic communication service or remote computing service","order_by":null,"url":"\/19.2-10.2\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":68842,"section_number":"19.2-52","catch_line":"When search warrant may issue","order_by":null,"url":"\/19.2-52\/"},{"id":78769,"section_number":"19.2-54","catch_line":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","order_by":null,"url":"\/19.2-54\/"},{"id":74111,"section_number":"22.1-1","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/22.1-1\/"},{"id":83341,"section_number":"22.1-289.02","catch_line":"Definitions","order_by":null,"url":"\/22.1-289.02\/"},{"id":74230,"section_number":"22.1-289.032","catch_line":"Certification of preschool or nursery school programs operated by accredited private schools; provisional certification; annual statement and documentary evidence required; enforcement; injunctive relief","order_by":null,"url":"\/22.1-289.032\/"},{"id":54814,"section_number":"52-32","catch_line":"Definitions","order_by":null,"url":"\/52-32\/"},{"id":82025,"section_number":"52-34.4","catch_line":"Definitions","order_by":null,"url":"\/52-34.4\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"permalink":{"id":170915,"object_type":"law","relational_id":56012,"identifier":"19.2-70.3","token":"19.2\/6\/19.2-70.3","url":"\/19.2-70.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-70.3\/","token":"19.2\/6\/19.2-70.3","dublin_core":{"Title":"Obtaining records concerning electronic communication service or remote computing service","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-70.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A provider of electronic communication service<\/span> or remote computing service<\/span>, which, for purposes of subdivisions 2, 3, and 4, includes a foreign corporation<\/span> that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of such service, excluding the contents<\/span> of electronic communications<\/span> and real-time location data<\/span>, to an investigative or law<\/span>-enforcement officer<\/span> only pursuant to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A subpoena<\/span> issued by a grand jury<\/span> of a court<\/span> of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A search warrant<\/span> issued by a magistrate<\/span>, general district court<\/span>, or circuit<\/span> court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A court order<\/span> issued by a circuit<\/span> court for such disclosure issued as provided in subsection B; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The consent of the subscriber or customer to such disclosure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A court shall issue<\/span> an order for disclosure under this section only if the investigative or law<\/span>-enforcement officer<\/span> shows that there is reason to believe the records or other information sought are relevant and material<\/span> to an ongoing criminal investigation, or the investigation of any missing child as defined in § 52-32<\/a>, any missing senior adult as defined in § 52-34.4<\/a>, an incapacitated person<\/span> as defined in § 64.2-2000<\/a> who meets the definition of a missing senior adult except for the age requirement, or any critically missing adult as defined in § 15.2-1718.2<\/a>. Upon issuance of an order for disclosure under this section, the order and any written application or statement of facts<\/span> may be sealed<\/span> by the court for 90 days for good cause shown upon application of the attorney for the Commonwealth in an ex parte<\/span> proceeding. The order and any written application or statement of facts<\/span> may be sealed<\/span> for additional 90-day periods for good cause shown upon subsequent application of the attorney for the Commonwealth in an ex parte<\/span> proceeding. A court issuing an order pursuant to this section, on a motion<\/span> made promptly by the service provider, may quash<\/span> or modify the order, if the information or records requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue burden on such provider. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as provided in subsection D or E, a provider of electronic communication service<\/span> or remote computing service<\/span>, including a foreign corporation<\/span> that provides such services, shall disclose the contents<\/span> of electronic communications<\/span> or real-time location data<\/span> to an investigative or law<\/span>-enforcement officer<\/span> only pursuant to a search warrant<\/span> issued by a magistrate<\/span>, a juvenile and domestic relations district court, a general district court, or a circuit<\/span> court, based upon complaint on oath<\/span> supported by an affidavit<\/span> as required in § 19.2-54<\/a>, or judicial officer or court of any of the several states of the United States or its territories, or the District of Columbia when the warrant issued by such officer or such court complies with the provisions of subsection G. In the case of a search warrant<\/span> directed to a foreign corporation<\/span>, the affidavit<\/span> shall state that the complainant believes that the records requested are actually or constructively possessed by a foreign corporation<\/span> that provides electronic communication service<\/span> or remote computing service<\/span> within the Commonwealth of Virginia. If satisfied that probable cause<\/span> has been established for such belief and as required by Chapter 5 (§ 19.2-52<\/a> et seq.), the magistrate<\/span>, the juvenile and domestic relations district court, the general district court, or the circuit<\/span> court shall issue<\/span> a warrant identifying those records to be searched for and commanding the person<\/span> seeking such warrant to properly serve the warrant upon the foreign corporation<\/span>. A search warrant<\/span> for real-time location data<\/span> shall be issued if the magistrate<\/span>, the juvenile and domestic relations district court, the general district court, or the circuit<\/span> court is satisfied that probable cause<\/span> has been established that the real-time location data<\/span> sought is relevant to a crime<\/span> that is being committed or has been committed or that an arrest<\/span> warrant exists for the person<\/span> whose real-time location data<\/span> is sought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A provider of electronic communication service<\/span> or remote computing service<\/span>, including a foreign corporation<\/span> that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of such service, including real-time location data<\/span> but excluding the contents<\/span> of electronic communications<\/span>, to an investigative or law<\/span>-enforcement officer<\/span> pursuant to an administrative subpoena<\/span> issued pursuant to § 19.2-10.2<\/a> concerning a violation of § 18.2-374.1<\/a> or 18.2-374.1:1<\/a>, former § 18.2-374.1:2<\/a>, or § 18.2-374.3<\/a> when the information sought is relevant and material<\/span> to an ongoing criminal investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When disclosure of real-time location data<\/span> or subscriber data<\/span> is not prohibited by federal law<\/span>, an investigative or law<\/span>-enforcement officer<\/span> may obtain real-time location data<\/span> or subscriber data<\/span> without a warrant in the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To respond to the user<\/span>’s call for emergency services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With the informed, affirmative consent of the owner or user<\/span> of the electronic device<\/span> concerned if (i) the device is in his possession<\/span>; (ii) the owner or user<\/span> knows or believes that the device is in the possession<\/span> of an employee or agent of the owner or user<\/span> with the owner’s or user<\/span>’s consent; or (iii) the owner or user<\/span> knows or believes that the device has been taken by a third party<\/span> without the consent of the owner or user<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> With the informed, affirmative consent of the legal guardian or next of kin of the owner or user<\/span>, if reasonably available, if the owner or user<\/span> is reasonably believed to be deceased, is reported missing, or is unable to be contacted; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To locate a child who is reasonably believed to have been abducted or to be missing and endangered; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the investigative or law<\/span>-enforcement officer<\/span> reasonably believes that an emergency involving the immediate danger to a person<\/span> requires the disclosure, without delay, of real-time location data<\/span> concerning a specific person<\/span> and that a warrant cannot be obtained in time to prevent the identified danger; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If the investigative or law<\/span>-enforcement officer<\/span> reasonably believes that (i) an individual or group of individuals has made a credible threat via electronic communication to commit an act of violence upon the property, including the buildings and grounds thereof, of any (a) child day center, as defined in § 22.1-289.02<\/a>, including any preschool program offered by a publicly funded provider; (b) any preschool or nursery school program certified by the Board of Education pursuant to § 22.1-289.032<\/a>; or (c) public, private, or religious elementary or secondary school, as defined in § 22.1-1<\/a>, and (ii) a warrant cannot be obtained in time to prevent the identified danger or identify the source of the threat.\n\t\t\t\tNo later than three business days after seeking disclosure of real-time location data<\/span> or subscriber data<\/span> pursuant to this subsection, the investigative or law<\/span>-enforcement officer<\/span> seeking the information shall file with the appropriate court a written statement setting forth the facts<\/span> giving rise to the emergency and the facts<\/span> as to why the person<\/span> whose real-time location data<\/span> or subscriber data<\/span> was sought is believed to be important in addressing the emergency. No real-time location data<\/span> or subscriber data<\/span> obtained pursuant to this subsection shall be admissible<\/span> in a criminal proceeding unless a judge<\/span> finds that probable cause<\/span> for the issuance of a search warrant<\/span> existed at the time of the search and such data is otherwise admissible<\/span>, provided that no such data obtained is presented to establish the necessary probable cause<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In order to comply with the requirements of § 19.2-54<\/a>, any search of the records of a foreign corporation<\/span> shall be deemed to have been made in the same place wherein the search warrant<\/span> was issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A Virginia corporation or other entity that provides electronic communication services<\/span> or remote computing services<\/span> to the general public, when properly served<\/span> with a search warrant<\/span> and affidavit<\/span> in support of the warrant, issued by a judicial officer or court of any of the several states of the United States or its territories, or the District of Columbia with jurisdiction<\/span> over the matter, to produce a record or other information pertaining to a subscriber to or customer of such service, including real-time location data<\/span>, or the contents<\/span> of electronic communications<\/span>, or both, shall produce the record or other information, including real-time location data<\/span>, or the contents<\/span> of electronic communications<\/span> as if that warrant had been issued by a Virginia court. The provisions of this subsection shall only apply to a record or other information, including real-time location data<\/span>, or contents<\/span> of electronic communications<\/span> relating to the commission of a criminal offense<\/span> that is substantially similar to (i) a violent felony<\/span> as defined in § 17.1-805<\/a>, (ii) an act of violence as defined in § 19.2-297.1<\/a>, (iii) any offense<\/span> for which registration is required pursuant to § 9.1-902<\/a>, (iv) computer fraud<\/span> pursuant to § 18.2-152.3<\/a>, or (v) identity theft pursuant to § 18.2-186.3<\/a>. The search warrant<\/span> shall be enforced and executed in the Commonwealth as if it were a search warrant<\/span> described in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The provider of electronic communication service<\/span> or remote computing service<\/span> may verify the authenticity of the written reports or records that it discloses pursuant to this section by providing an affidavit<\/span> from the custodian of those written reports or records or from a person<\/span> to whom said custodian reports certifying that they are true and complete copies of reports or records and that they are prepared in the regular course of business. When so authenticated, no other evidence<\/span> of authenticity shall be necessary. The written reports and records, excluding the contents<\/span> of electronic communications<\/span>, shall be considered business records for purposes of the business records exception to the hearsay<\/span> rule. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> No cause of action<\/span> shall lie in any court against a provider of a wire or electronic communication service<\/span> or remote computing service<\/span> or such provider’s officers, employees, agents, or other specified persons<\/span> for providing information, facilities, or assistance in accordance with the terms of a court order<\/span>, warrant, administrative subpoena<\/span>, or subpoena<\/span> under this section or the provisions of subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A search warrant<\/span> or administrative subpoena<\/span> for the disclosure of real-time location data<\/span> pursuant to this section shall require the provider to provide ongoing disclosure of such data for a reasonable period of time, not to exceed 30 days. A court may, for good cause shown, grant one or more extensions, not to exceed 30 days each. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> An investigative or law<\/span>-enforcement officer<\/span> shall not use any device to obtain electronic communications<\/span> or collect real-time location data<\/span> from an electronic device<\/span> without first obtaining a search warrant<\/span> authorizing the use of the device if, in order to obtain the contents<\/span> of such electronic communications<\/span> or such real-time location data<\/span> from the provider of electronic communication service<\/span> or remote computing service<\/span>, such officer would be required to obtain a search warrant<\/span> pursuant to this section. However, an investigative or law<\/span>-enforcement officer<\/span> may use such a device without first obtaining a search warrant<\/span> under the circumstances set forth in subsection E. For purposes of subdivision E 5, the investigative or law<\/span>-enforcement officer<\/span> using such a device shall be considered to be the possessor of the real-time location data<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Upon issuance of any subpoena<\/span>, search warrant<\/span>, or order for disclosure issued under this section, upon written certification by the attorney for the Commonwealth that there is a reason to believe that the victim is under the age of 18 and that notification or disclosure of the existence of the subpoena<\/span>, search warrant<\/span>, or order will endanger the life or physical safety of an individual, or lead to flight from prosecution<\/span>, the destruction of or tampering with evidence<\/span>, the intimidation of potential witnesses, or otherwise seriously jeopardize an investigation, the court may in an ex parte<\/span> proceeding order a provider of electronic communication service<\/span> or remote computing service<\/span> not to disclose for a period of 90 days the existence of the subpoena<\/span>, search warrant<\/span>, or order and written application or statement of facts<\/span> to another person<\/span>, other than an attorney to obtain legal advice. The nondisclosure order may be renewed for additional 90-day periods for good cause shown upon subsequent application of the attorney for the Commonwealth in an ex parte<\/span> proceeding. A court issuing an order for disclosure pursuant to this section, on a motion<\/span> made promptly by the service provider, may quash<\/span> or modify the order if the information or records requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue burden on such provider. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> For the purposes of this section:\n\t\t\t“Electronic device<\/span>” means a device that enables access to, or use of, an electronic communication service<\/span>, remote computing service<\/span>, or location information service, including a global positioning service or other mapping, locational, or directional information service.\n\t\t\t“Foreign corporation<\/span>” means any corporation or other entity, whose primary place of business is located outside of the boundaries of the Commonwealth, that makes a contract<\/span> or engages in a terms of service agreement with a resident of the Commonwealth to be performed in whole or in part by either party<\/span> in the Commonwealth, or a corporation that has been issued a certificate of authority pursuant to § 13.1-759<\/a> to transact business in the Commonwealth. The making of the contract<\/span> or terms of service agreement or the issuance of a certificate of authority shall be considered to be the agreement of the foreign corporation<\/span> or entity that a search warrant<\/span> or subpoena<\/span>, which has been properly served<\/span> on it, has the same legal force and effect as if served personally within the Commonwealth.\n\t\t\t“Properly served<\/span>” means delivery of a search warrant<\/span> or subpoena<\/span> by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the Commonwealth, to any natural person<\/span> designated by it as agent for the service of process<\/span>, or if such corporation has designated a corporate agent, to any person<\/span> named in the latest annual report filed pursuant to § 13.1-775<\/a>.\n\t\t\t“Real-time location data<\/span>” means any data or information concerning the current location of an electronic device<\/span> that, in whole or in part, is generated, derived from, or obtained by the operation of the device.\n\t\t\t“Subscriber data<\/span>” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider. “Subscriber data<\/span>” does not include data or personally identifiable information protected by federal or state law<\/span>, including viewing history, billing details, Internet usage patterns or data, and any other data protected by federal or state law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOBTAINING RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR REMOTE\nCOMPUTING SERVICE (\u00a7 19.2-70.3)\n\nA. A provider of electronic communication service or remote computing service,\nwhich, for purposes of subdivisions 2, 3, and 4, includes a foreign corporation\nthat provides such services, shall disclose a record or other information\npertaining to a subscriber to or customer of such service, excluding the\ncontents of electronic communications and real-time location data, to an\ninvestigative or law-enforcement officer only pursuant to:\n\n 1. A subpoena issued by a grand jury of a court of the Commonwealth;\n\n 2. A search warrant issued by a magistrate, general district court, or circuit\n court;\n\n 3. A court order issued by a circuit court for such disclosure issued as\n provided in subsection B; or\n\n 4. The consent of the subscriber or customer to such disclosure.\n\nB. A court shall issue an order for disclosure under this section only if the\ninvestigative or law-enforcement officer shows that there is reason to believe\nthe records or other information sought are relevant and material to an ongoing\ncriminal investigation, or the investigation of any missing child as defined in\n§ 52-32, any missing senior adult as defined in § 52-34.4, an\nincapacitated person as defined in § 64.2-2000 who meets the definition of\na missing senior adult except for the age requirement, or any critically missing\nadult as defined in § 15.2-1718.2. Upon issuance of an order for disclosure\nunder this section, the order and any written application or statement of facts\nmay be sealed by the court for 90 days for good cause shown upon application of\nthe attorney for the Commonwealth in an ex parte proceeding. The order and any\nwritten application or statement of facts may be sealed for additional 90-day\nperiods for good cause shown upon subsequent application of the attorney for the\nCommonwealth in an ex parte proceeding. A court issuing an order pursuant to\nthis section, on a motion made promptly by the service provider, may quash or\nmodify the order, if the information or records requested are unusually\nvoluminous in nature or compliance with such order would otherwise cause an\nundue burden on such provider.\n\nC. Except as provided in subsection D or E, a provider of electronic\ncommunication service or remote computing service, including a foreign\ncorporation that provides such services, shall disclose the contents of\nelectronic communications or real-time location data to an investigative or\nlaw-enforcement officer only pursuant to a search warrant issued by a\nmagistrate, a juvenile and domestic relations district court, a general district\ncourt, or a circuit court, based upon complaint on oath supported by an\naffidavit as required in § 19.2-54, or judicial officer or court of any of\nthe several states of the United States or its territories, or the District of\nColumbia when the warrant issued by such officer or such court complies with the\nprovisions of subsection G. In the case of a search warrant directed to a\nforeign corporation, the affidavit shall state that the complainant believes\nthat the records requested are actually or constructively possessed by a foreign\ncorporation that provides electronic communication service or remote computing\nservice within the Commonwealth of Virginia. If satisfied that probable cause\nhas been established for such belief and as required by Chapter 5 (§\n19.2-52 et seq.), the magistrate, the juvenile and domestic relations district\ncourt, the general district court, or the circuit court shall issue a warrant\nidentifying those records to be searched for and commanding the person seeking\nsuch warrant to properly serve the warrant upon the foreign corporation. A\nsearch warrant for real-time location data shall be issued if the magistrate,\nthe juvenile and domestic relations district court, the general district court,\nor the circuit court is satisfied that probable cause has been established that\nthe real-time location data sought is relevant to a crime that is being\ncommitted or has been committed or that an arrest warrant exists for the person\nwhose real-time location data is sought.\n\nD. A provider of electronic communication service or remote computing service,\nincluding a foreign corporation that provides such services, shall disclose a\nrecord or other information pertaining to a subscriber to or customer of such\nservice, including real-time location data but excluding the contents of\nelectronic communications, to an investigative or law-enforcement officer\npursuant to an administrative subpoena issued pursuant to § 19.2-10.2\nconcerning a violation of § 18.2-374.1 or 18.2-374.1:1, former §\n18.2-374.1:2, or § 18.2-374.3 when the information sought is relevant and\nmaterial to an ongoing criminal investigation.\n\nE. When disclosure of real-time location data or subscriber data is not\nprohibited by federal law, an investigative or law-enforcement officer may\nobtain real-time location data or subscriber data without a warrant in the\nfollowing circumstances:\n\n 1. To respond to the user’s call for emergency services;\n\n 2. With the informed, affirmative consent of the owner or user of the\n electronic device concerned if (i) the device is in his possession; (ii) the\n owner or user knows or believes that the device is in the possession of an\n employee or agent of the owner or user with the owner’s or user’s\n consent; or (iii) the owner or user knows or believes that the device has been\n taken by a third party without the consent of the owner or user;\n\n 3. With the informed, affirmative consent of the legal guardian or next of kin\n of the owner or user, if reasonably available, if the owner or user is\n reasonably believed to be deceased, is reported missing, or is unable to be\n contacted;\n\n 4. To locate a child who is reasonably believed to have been abducted or to be\n missing and endangered;\n\n 5. If the investigative or law-enforcement officer reasonably believes that an\n emergency involving the immediate danger to a person requires the disclosure,\n without delay, of real-time location data concerning a specific person and\n that a warrant cannot be obtained in time to prevent the identified danger; or\n\n 6. If the investigative or law-enforcement officer reasonably believes that\n (i) an individual or group of individuals has made a credible threat via\n electronic communication to commit an act of violence upon the property,\n including the buildings and grounds thereof, of any (a) child day center, as\n defined in § 22.1-289.02, including any preschool program offered by a\n publicly funded provider; (b) any preschool or nursery school program\n certified by the Board of Education pursuant to § 22.1-289.032; or (c)\n public, private, or religious elementary or secondary school, as defined in\n § 22.1-1, and (ii) a warrant cannot be obtained in time to prevent the\n identified danger or identify the source of the threat.\n \t\t\t\tNo later than three business days after seeking disclosure of real-time\n location data or subscriber data pursuant to this subsection, the\n investigative or law-enforcement officer seeking the information shall file\n with the appropriate court a written statement setting forth the facts giving\n rise to the emergency and the facts as to why the person whose real-time\n location data or subscriber data was sought is believed to be important in\n addressing the emergency. No real-time location data or subscriber data\n obtained pursuant to this subsection shall be admissible in a criminal\n proceeding unless a judge finds that probable cause for the issuance of a\n search warrant existed at the time of the search and such data is otherwise\n admissible, provided that no such data obtained is presented to establish the\n necessary probable cause.\n\nF. In order to comply with the requirements of § 19.2-54, any search of the\nrecords of a foreign corporation shall be deemed to have been made in the same\nplace wherein the search warrant was issued.\n\nG. A Virginia corporation or other entity that provides electronic communication\nservices or remote computing services to the general public, when properly\nserved with a search warrant and affidavit in support of the warrant, issued by\na judicial officer or court of any of the several states of the United States or\nits territories, or the District of Columbia with jurisdiction over the matter,\nto produce a record or other information pertaining to a subscriber to or\ncustomer of such service, including real-time location data, or the contents of\nelectronic communications, or both, shall produce the record or other\ninformation, including real-time location data, or the contents of electronic\ncommunications as if that warrant had been issued by a Virginia court. The\nprovisions of this subsection shall only apply to a record or other information,\nincluding real-time location data, or contents of electronic communications\nrelating to the commission of a criminal offense that is substantially similar\nto (i) a violent felony as defined in § 17.1-805, (ii) an act of violence\nas defined in § 19.2-297.1, (iii) any offense for which registration is\nrequired pursuant to § 9.1-902, (iv) computer fraud pursuant to §\n18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3. The search\nwarrant shall be enforced and executed in the Commonwealth as if it were a\nsearch warrant described in subsection C.\n\nH. The provider of electronic communication service or remote computing service\nmay verify the authenticity of the written reports or records that it discloses\npursuant to this section by providing an affidavit from the custodian of those\nwritten reports or records or from a person to whom said custodian reports\ncertifying that they are true and complete copies of reports or records and that\nthey are prepared in the regular course of business. When so authenticated, no\nother evidence of authenticity shall be necessary. The written reports and\nrecords, excluding the contents of electronic communications, shall be\nconsidered business records for purposes of the business records exception to\nthe hearsay rule.\n\nI. No cause of action shall lie in any court against a provider of a wire or\nelectronic communication service or remote computing service or such\nprovider’s officers, employees, agents, or other specified persons for\nproviding information, facilities, or assistance in accordance with the terms of\na court order, warrant, administrative subpoena, or subpoena under this section\nor the provisions of subsection E.\n\nJ. A search warrant or administrative subpoena for the disclosure of real-time\nlocation data pursuant to this section shall require the provider to provide\nongoing disclosure of such data for a reasonable period of time, not to exceed\n30 days. A court may, for good cause shown, grant one or more extensions, not to\nexceed 30 days each.\n\nK. An investigative or law-enforcement officer shall not use any device to\nobtain electronic communications or collect real-time location data from an\nelectronic device without first obtaining a search warrant authorizing the use\nof the device if, in order to obtain the contents of such electronic\ncommunications or such real-time location data from the provider of electronic\ncommunication service or remote computing service, such officer would be\nrequired to obtain a search warrant pursuant to this section. However, an\ninvestigative or law-enforcement officer may use such a device without first\nobtaining a search warrant under the circumstances set forth in subsection E.\nFor purposes of subdivision E 5, the investigative or law-enforcement officer\nusing such a device shall be considered to be the possessor of the real-time\nlocation data.\n\nL. Upon issuance of any subpoena, search warrant, or order for disclosure issued\nunder this section, upon written certification by the attorney for the\nCommonwealth that there is a reason to believe that the victim is under the age\nof 18 and that notification or disclosure of the existence of the subpoena,\nsearch warrant, or order will endanger the life or physical safety of an\nindividual, or lead to flight from prosecution, the destruction of or tampering\nwith evidence, the intimidation of potential witnesses, or otherwise seriously\njeopardize an investigation, the court may in an ex parte proceeding order a\nprovider of electronic communication service or remote computing service not to\ndisclose for a period of 90 days the existence of the subpoena, search warrant,\nor order and written application or statement of facts to another person, other\nthan an attorney to obtain legal advice. The nondisclosure order may be renewed\nfor additional 90-day periods for good cause shown upon subsequent application\nof the attorney for the Commonwealth in an ex parte proceeding. A court issuing\nan order for disclosure pursuant to this section, on a motion made promptly by\nthe service provider, may quash or modify the order if the information or\nrecords requested are unusually voluminous in nature or compliance with such\norder would otherwise cause an undue burden on such provider.\n\nM. For the purposes of this section:\n\t\t\t“Electronic device” means a device that enables access to, or use\nof, an electronic communication service, remote computing service, or location\ninformation service, including a global positioning service or other mapping,\nlocational, or directional information service.\n\t\t\t“Foreign corporation” means any corporation or other entity,\nwhose primary place of business is located outside of the boundaries of the\nCommonwealth, that makes a contract or engages in a terms of service agreement\nwith a resident of the Commonwealth to be performed in whole or in part by\neither party in the Commonwealth, or a corporation that has been issued a\ncertificate of authority pursuant to § 13.1-759 to transact business in the\nCommonwealth. The making of the contract or terms of service agreement or the\nissuance of a certificate of authority shall be considered to be the agreement\nof the foreign corporation or entity that a search warrant or subpoena, which\nhas been properly served on it, has the same legal force and effect as if served\npersonally within the Commonwealth.\n\t\t\t“Properly served” means delivery of a search warrant or subpoena\nby hand, by United States mail, by commercial delivery service, by facsimile or\nby any other manner to any officer of a corporation or its general manager in\nthe Commonwealth, to any natural person designated by it as agent for the\nservice of process, or if such corporation has designated a corporate agent, to\nany person named in the latest annual report filed pursuant to § 13.1-775.\n\t\t\t“Real-time location data” means any data or information\nconcerning the current location of an electronic device that, in whole or in\npart, is generated, derived from, or obtained by the operation of the device.\n\t\t\t“Subscriber data” means the name, address, telephone number, and\nany other information identifying a subscriber of a communications services\nprovider. “Subscriber data” does not include data or personally\nidentifiable information protected by federal or state law, including viewing\nhistory, billing details, Internet usage patterns or data, and any other data\nprotected by federal or state law.\n\nHISTORY: 1988, c. 889; 2009, c. 378; 2010, cc. 319, 473, 582, 720, 721; 2011, c.\n392; 2014, c. 388; 2015, cc. 43, 634; 2016, cc. 549, 576, 616; 2018, c. 667;\n2024, c. 325; 2025, c. 286.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}