                                 CODE OF VIRGINIA

IDENTITY OF PERSONS COMMUNICATING ANONYMOUSLY OVER THE INTERNET (§ 8.01-407.1)

A. In civil proceedings where it is alleged that an anonymous individual has
engaged in Internet communications that are tortious, any subpoena seeking
information held by a nongovernmental person or entity that would identify the
tortfeasor shall be governed by the following procedure unless more expedited
scheduling directions have been ordered by the court upon consideration of the
interests of each person affected thereby:

   1. At least thirty days prior to the date on which disclosure is sought, a
   party seeking information identifying an anonymous communicator shall file
   with the appropriate circuit court a complete copy of the subpoena and all
   items annexed or incorporated therein, along with supporting material showing:
   				a. That one or more communications that are or may be tortious or illegal
   have been made by the anonymous communicator, or that the party requesting the
   subpoena has a legitimate, good faith basis to contend that such party is the
   victim of conduct actionable in the jurisdiction where the suit was filed. A
   copy of the communications that are the subject of the action or subpoena
   shall be submitted.
   				b. That other reasonable efforts to identify the anonymous communicator
   have proven fruitless.
   				c. That the identity of the anonymous communicator is important, is
   centrally needed to advance the claim, relates to a core claim or defense, or
   is directly and materially relevant to that claim or defense.
   				d. That no motion to dismiss, motion for judgment on the pleadings, or
   judgment as a matter of law, demurrer or summary judgment-type motion
   challenging the viability of the lawsuit of the underlying plaintiff is
   pending. The pendency of such a motion may be considered by the court in
   determining whether to enforce, suspend or strike the proposed disclosure
   obligation under the subpoena.
   				e. That the individuals or entities to whom the subpoena is addressed are
   likely to have responsive information.
   				f. If the subpoena sought relates to an action pending in another
   jurisdiction, the application shall contain a copy of the pleadings in such
   action, along with the mandate, writ or commission of the court where the
   action is pending that authorizes the discovery of the information sought in
   the Commonwealth.

   2. Two copies of the subpoena and supporting materials set forth in
   subdivision A. 1. a. through f. shall be served upon the person to whom it is
   addressed along with payment sufficient to cover postage for mailing one copy
   of the application within the United States by registered mail, return receipt
   requested.

   3. Except where the anonymous communicator has consented to disclosure in
   advance, within five business days after receipt of a subpoena and supporting
   materials calling for disclosure of identifying information concerning an
   anonymous communicator, the individual or entity to whom the subpoena is
   addressed shall (i) send an electronic mail notification to the anonymous
   communicator reporting that the subpoena has been received if an e-mail
   address is available and (ii) dispatch one copy thereof, by registered mail or
   commercial delivery service, return receipt requested, to the anonymous
   communicator at his last known address, if any is on file with the person to
   whom the subpoena is addressed.

   4. At least seven business days prior to the date on which disclosure is
   sought under the subpoena, any interested person may file a detailed written
   objection, motion to quash, or motion for protective order. Any such papers
   filed by the anonymous communicator shall be served on or before the date of
   filing upon the party seeking the subpoena and the party to whom the subpoena
   is addressed. Any such papers filed by the party to whom the subpoena is
   addressed shall be served on or before the date of filing upon the party
   seeking the subpoena and the anonymous communicator whose identifying
   information is sought. Service is effective when it has been mailed,
   dispatched by commercial delivery service, transmitted by facsimile, or
   delivered to counsel of record and to parties having no counsel.

   5. Any written objection, motion to quash, or motion for protective order
   shall set forth all grounds relied upon for denying the disclosure sought in
   the subpoena and shall also address to the extent feasible (i) whether the
   identity of the anonymous communicator has been disclosed in any way beyond
   its recordation in the account records of the party to whom the subpoena is
   addressed, (ii) whether the subpoena fails to allow a reasonable time for
   compliance, (iii) whether it requires disclosure of privileged or other
   protected matter and no exception or waiver applies, or (iv) whether it
   subjects a person to undue burden.

   6. The party to whom the subpoena is addressed shall not comply with the
   subpoena earlier than three business days before the date on which disclosure
   is due, to allow the anonymous communicator the opportunity to object. If any
   person files a written objection, motion to quash, or motion for protective
   order, compliance with the subpoena shall be deferred until the appropriate
   court rules on the obligation to comply. If an objection or motion is made,
   the party serving the subpoena shall not be entitled to inspect or copy the
   materials except pursuant to an order of the court on behalf of which the
   subpoena was issued. If an objection or motion has been filed, any interested
   person may notice the matter for a hearing. Two copies of any such notice
   shall be served upon the subpoenaed party, who shall mail one copy thereof, by
   registered mail or commercial delivery service, return receipt requested, to
   the anonymous communicator whose identifying information is the subject of the
   subpoena at that person&#8217;s last known address.

B. The party requesting or issuing a subpoena for information identifying an
anonymous Internet communicator shall serve along with each copy of such
subpoena notices in boldface capital letters in substantially this form:
			NOTICE TO INTERNET SERVICE PROVIDER
			WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF THIS SUBPOENA CALLING FOR
IDENTIFYING INFORMATION CONCERNING YOUR CLIENT, SUBSCRIBER OR CUSTOMER, EXCEPT
WHERE CONSENT TO DISCLOSURE HAS BEEN GIVEN IN ADVANCE, YOU ARE REQUIRED BY
&#xA7; 8.01-407.1 OF THE CODE OF VIRGINIA TO MAIL ONE COPY THEREOF, BY
REGISTERED MAIL OR COMMERCIAL DELIVERY SERVICE, RETURN RECEIPT REQUESTED, TO THE
CLIENT, SUBSCRIBER OR CUSTOMER WHOSE IDENTIFYING INFORMATION IS THE SUBJECT OF
THE SUBPOENA. AT LEAST SEVEN BUSINESS DAYS PRIOR TO THE DATE ON WHICH DISCLOSURE
IS SOUGHT YOU MAY, BUT ARE NOT REQUIRED TO, FILE A DETAILED WRITTEN OBJECTION,
MOTION TO QUASH OR MOTION FOR PROTECTIVE ORDER. ANY SUCH OBJECTION OR MOTION
SHALL BE SERVED UPON THE PARTY INITIATING THE SUBPOENA AND UPON THE CLIENT,
SUBSCRIBER OR CUSTOMER WHOSE IDENTIFYING INFORMATION IS SOUGHT.
			IF YOU CHOOSE NOT TO OBJECT TO THE SUBPOENA, YOU MUST ALLOW TIME FOR YOUR
CLIENT, SUBSCRIBER OR CUSTOMER TO FILE HIS OWN OBJECTION, THEREFORE YOU MUST NOT
RESPOND TO THE SUBPOENA ANY EARLIER THAN THREE BUSINESS DAYS BEFORE THE
DISCLOSURE IS DUE.
			IF YOU RECEIVE NOTICE THAT YOUR CLIENT, SUBSCRIBER OR CUSTOMER HAS FILED A
WRITTEN OBJECTION, MOTION TO QUASH OR MOTION FOR PROTECTIVE ORDER REGARDING THIS
SUBPOENA, OR IF YOU FILE A MOTION TO QUASH THIS SUBPOENA, NO DISCLOSURE PURSUANT
TO THE SUBPOENA SHALL BE MADE EXCEPT PURSUANT TO AN ORDER OF THE COURT ON BEHALF
OF WHICH THE SUBPOENA WAS ISSUED.
			NOTICE TO INTERNET USER
			THE ATTACHED PAPERS MEAN THAT ____________________ (INSERT NAME OF PARTY
REQUESTING OR CAUSING ISSUANCE OF THE SUBPOENA) HAS EITHER ASKED THE COURT TO
ISSUE A SUBPOENA, OR A SUBPOENA HAS BEEN ISSUED, TO YOUR INTERNET SERVICE
PROVIDER ____________________ (INSERT NAME OF INTERNET SERVICE PROVIDER)
REQUIRING PRODUCTION OF INFORMATION REGARDING YOUR IDENTITY. UNLESS A DETAILED
WRITTEN OBJECTION IS FILED WITH THE COURT, THE SERVICE PROVIDER WILL BE REQUIRED
BY LAW TO RESPOND BY PROVIDING THE REQUIRED INFORMATION. IF YOU BELIEVE YOUR
IDENTIFYING INFORMATION SHOULD NOT BE DISCLOSED AND OBJECT TO SUCH DISCLOSURE,
YOU HAVE THE RIGHT TO FILE WITH THE CLERK OF COURT A DETAILED WRITTEN OBJECTION,
MOTION TO QUASH THE SUBPOENA OR MOTION TO OBTAIN A PROTECTIVE ORDER. YOU MAY
ELECT TO CONTACT AN ATTORNEY TO REPRESENT YOUR INTERESTS. IF YOU ELECT TO FILE A
WRITTEN OBJECTION, MOTION TO QUASH, OR MOTION FOR PROTECTIVE ORDER, IT SHOULD BE
FILED AS SOON AS POSSIBLE, AND MUST IN ALL INSTANCES BE FILED NO LESS THAN SEVEN
BUSINESS DAYS BEFORE THE DATE ON WHICH DISCLOSURE IS DUE (LISTED IN THE
SUBPOENA). IF YOU ELECT TO FILE A WRITTEN OBJECTION OR MOTION AGAINST THIS
SUBPOENA, YOU MUST AT THE SAME TIME SEND A COPY OF THAT OBJECTION OR MOTION TO
BOTH YOUR INTERNET SERVICE PROVIDER AND THE PARTY WHO REQUESTED THE SUBPOENA. IF
YOU WISH TO OPPOSE THE ATTACHED SUBPOENA, IN WHOLE OR IN PART, YOU OR YOUR
ATTORNEY MAY FILE A WRITTEN OBJECTION, A MOTION TO QUASH THE SUBPOENA, OR A
MOTION FOR A PROTECTIVE ORDER OR YOU MAY USE THE FORM BELOW, WHICH MUST BE FILED
WITH THE COURT AND SERVED UPON THE PARTY REQUESTING THE SUBPOENA AND THE
INTERNET SERVICE PROVIDER BY MAILING AT LEAST SEVEN BUSINESS DAYS PRIOR TO THE
DATE SET IN THE SUBPOENA FOR DISCLOSURE:
			__________________________________________________Name of Court Listed on
Subpoena
			__________________________________________________Name of Party Seeking
Information
			Case No. ____________________
			OBJECTION TO SUBPOENA DUCES TECUM
			I object to the Subpoena Duces Tecum addressed to ____________________ for
the following reasons:
			[Name of Internet Service Provider to Whom the Subpoena is Addressed]
			(Please PRINT. Set forth, in detail, all reasons why the subpoena should not
be complied with, and in addition, state (i) whether the identity of the
anonymous communicator has been disclosed in any fashion, (ii) whether the
subpoena fails to allow a reasonable time for compliance, (iii) whether it
requires disclosure of privileged or other protected matter and no exception or
waiver applies, or (iv) whether it subjects a person to undue burden.)
			__________________________________________________
			__________________________________________________
			__________________________________________________
			__________________________________________________
			__________________________________________________
			__________________________________________________
			__________________________________________________
			__________________________________________________
			(attach additional sheets if needed)
			Respectfully Submitted,
			__________________________________________________John Doe
			__________________________________________________Enter e-mail nickname or
other alias used in communicating via the Internet service provider to whom the
subpoena is addressed.
			CERTIFICATE
			I hereby certify that a true copy of the above Objection to Subpoena Duces
Tecum was mailed this _____ day of ____________________, (month, year), to
			__________________________________________________(Name and address of party
seeking information) and
			__________________________________________________(Name and address of
Internet Service Provider)
			__________________________________________________John Doe
			__________________________________________________Enter e-mail nickname or
other alias used in communicating via the Internet service provider to whom the
subpoena is addressed.

HISTORY: 2002, c. 875.