§ 19.2-70.3. Obtaining records concerning electronic communication service or remote computing service
A. A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service, excluding the contents of electronic communications, to an investigative or law-enforcement officer only pursuant to:
1. A subpoena issued by a grand jury of a court of this Commonwealth;
2. A search warrant issued by a magistrate, general district court or a circuit court;
3. A court order for such disclosure issued as provided in this section; or
4. The consent of the subscriber or customer to such disclosure.
B. A court shall issue an order for disclosure under this section only if the investigative or law-enforcement officer shows that there is reason to believe the records or other information sought are relevant to a legitimate law-enforcement inquiry. 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. No cause of action shall lie in any court against a provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant or subpoena under this section.
(1988, c. 889.)
Sections: Previous 19.2-61 19.2-62 19.2-63 19.2-63.1 19.2-64 19.2-65 19.2-66 19.2-67 19.2-68 19.2-69 19.2-70 19.2-70.1 19.2-70.2 19.2-70.3Last modified: April 3, 2009