CODE OF VIRGINIA

DEFINITIONS (§ 64.2-109)

As used in this article, unless the context requires
otherwise:”Contents,” when used with respect to any wire, oral, or
electronic communication, means any information concerning the substance,
purport, or meaning of that communication and includes the subject line of a
communication.”Digital account” means an electronic account
maintained, managed, controlled, or operated by an individual in accordance with
a terms of service agreement legally executed by such individual and includes
blogging, email, multimedia, personal, social networking, and other online
accounts or comparable items as technology develops. “Digital
account” excludes accounts as such term is defined in § 6.2-604 to which
a financial institution, financial institution holding company, or affiliate or
subsidiary of a financial institution is a party.”Electronic
communication” means any transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in whole or in part by a
wire, radio, electromagnetic, photoelectronic, or photooptical system that
affects interstate or foreign commerce. “Electronic communication”
does not mean (i) any wire or oral communication, (ii) any communication made
through a tone-only paging device, (iii) any communication from a tracking
device, or (iv) electronic funds transfer information stored by a financial
institution in a communications system used for the electronic storage and
transfer of funds.”Electronic communications service” means any
service that provides users the ability to send or receive wire or electronic
communications.”Electronic communications system” means any wire,
radio, electromagnetic, photoelectronic, or photooptical facilities for the
transmission of wire or electronic communications and any computer facilities or
related electronic equipment for the electronic storage of such
communications.”Personal representative” has the same meaning as
provided in § 64.2-100.”Provider” means an entity that provides an
electronic communications service or remote computing
service.”Records” means information pertaining to a user or a minor
who is a user of an electronic communications service or remote computing
service including, if available, information that identifies the person with
whom an account holder has engaged in an electronic communication, the time and
date of the communication, and the electronic address of the person.
“Records” does not include the contents of an electronic
communication.”Remote computing service” means the provision to the
public of computer storage or processing services by means of an electronic
communications system.”Terms of service agreement” means any legally
executed agreement that controls a relationship between a minor or user and any
provider that maintains, manages, or supervises a digital account of a minor or
user.”Unique identifier” means an email address, unique screen name
or user name, user identification, or other identifier assigned by a service
provider for the purpose of identifying the individual
account.”User” means any person, other than a minor, or entity that
uses an electronic communications service and is duly authorized by the provider
of such service to engage in such use.

HISTORY: 2013, cc. 280, 369; 2015, c. 657.