§ 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.


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


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