2006 Code of Virginia § 19.2-70.3 - Obtaining records concerning electronic communication service or remote computing service

19.2-70.3. Obtaining records concerning electronic communication service orremote computing service.

A. A provider of electronic communication service or remote computing serviceshall disclose a record or other information pertaining to a subscriber to orcustomer of such service, excluding the contents of electroniccommunications, to an investigative or law-enforcement officer only pursuantto:

1. A subpoena issued by a grand jury of a court of this Commonwealth;

2. A search warrant issued by a magistrate, general district court or acircuit court;

3. A court order for such disclosure issued as provided in this section; or

4. The consent of the subscriber or customer to such disclosure.

B. A court shall issue an order for disclosure under this section only if theinvestigative or law-enforcement officer shows that there is reason tobelieve the records or other information sought are relevant to a legitimatelaw-enforcement inquiry. A court issuing an order pursuant to this section,on a motion made promptly by the service provider, may quash or modify theorder, if the information or records requested are unusually voluminous innature or compliance with such order would otherwise cause an undue burden onsuch provider.

C. No cause of action shall lie in any court against a provider of a wire orelectronic communication service, its officers, employees, agents, or otherspecified persons for providing information, facilities, or assistance inaccordance with the terms of a court order, warrant or subpoena under thissection.

(1988, c. 889.)