                                 CODE OF VIRGINIA

ADMINISTRATIVE SUBPOENA ISSUED FOR RECORD FROM PROVIDER OF ELECTRONIC
COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE (§ 19.2-10.2)

A. A provider of electronic communication service or remote computing service
that is transacting or has transacted any business in the Commonwealth shall
disclose a record or other information pertaining to a subscriber to or customer
of such service, excluding the contents of electronic communications as required
by § 19.2-70.3, to an attorney for the Commonwealth or the Attorney General
pursuant to an administrative subpoena issued under this section.

   1. In order to obtain such records or other information, the attorney for the
   Commonwealth or the Attorney General shall certify on the face of the subpoena
   that there is reason to believe that the records or other information being
   sought are relevant to a legitimate law-enforcement investigation concerning
   violations of &#xA7;&#xA7; 18.2-47, 18.2-48, 18.2-49, 18.2-346, 18.2-346.01,
   18.2-347, 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357,
   18.2-374.1, and 18.2-374.1:1, former &#xA7; 18.2-374.1:2, and &#xA7;
   18.2-374.3.

   2. Upon written certification by the attorney for the Commonwealth or the
   Attorney General 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 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 subpoena shall include a provision ordering the service
   provider not to notify or disclose the existence of the subpoena to another
   person, other than an attorney to obtain legal advice, for a period of 30 days
   after the date on which the service provider responds to the subpoena.

   3. On a motion made promptly by the electronic communication service or remote
   computing service provider, a court of competent jurisdiction may quash or
   modify the administrative subpoena if the records or other information
   requested are unusually voluminous in nature or if compliance with the
   subpoena would otherwise cause an undue burden on the service provider.

B. All records or other information received by an attorney for the Commonwealth
or the Attorney General pursuant to an administrative subpoena issued under this
section shall be used only for a reasonable length of time not to exceed 30 days
and only for a legitimate law-enforcement purpose. Upon completion of the
investigation, the records or other information held by the attorney for the
Commonwealth or the Attorney General shall be destroyed if no prosecution is
initiated. The existence of such a subpoena shall be disclosed upon motion of an
accused.

C. No cause of action shall lie in any court against an electronic communication
service or remote computing service provider, its officers, employees, agents,
or other specified persons for providing information, facilities, or assistance
in accordance with the terms of an administrative subpoena issued under this
section.

D. Records or other information pertaining to a subscriber to or customer of
such service means name, address, local and long distance telephone connection
records, or records of session times and durations, length of service, including
start date, and types of service utilized, telephone or instrument number or
other subscriber number or identity, including any temporarily assigned network
address, and means and source of payment for such service.

E. Nothing in this section shall require the disclosure of information in
violation of any federal law.

HISTORY: 2007, cc. 802, 814; 2014, c. 166; 2015, cc. 544, 625; 2019, c. 458;
2021, Sp. Sess. I, c. 188.