                                 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.