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ROBERT L. EHRLICH, JR., Governor
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Ch. 300
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(ii) The device through which the interception is made has been
placed within a vehicle by or at the direction of law enforcement personnel under
circumstances in which it is thought that vehicle theft may occur.
(d) (1) Except as provided in paragraph (2) of this subsection, a person or
entity providing an electronic communication service to the public may not
intentionally divulge the contents of any communication (other than one to the person
or entity providing the service, or an agent of the person or entity) while in
transmission on that service to any person or entity other than an addressee or
intended recipient of the communication or an agent of the addressee or intended
recipient.
(2) A person or entity providing electronic communication service to the
public may divulge the contents of a communication:
(i) As otherwise authorized by federal or State law;
(ii) To a person employed or authorized, or whose facilities are used,
to forward the communication to its destination; or
(iii) That were inadvertently obtained by the service provider and
that appear to pertain to the commission of a crime, if the divulgence is made to a law
enforcement agency.
(e) (1) Except as provided in paragraph (2) of this subsection or in
subsection (f) of this section, a person who violates subsection (d) of this section is
subject to a fine of not more than $10,000 or imprisonment for not more than 5 years,
or both.
(2) If an offense is a first offense under paragraph (1) of this subsection
and is not for a tortious or illegal purpose or for purposes of direct or indirect
commercial advantage or private commercial gain, and the wire or electronic
communication with respect to which the offense occurred is a radio communication
that is not scrambled or encrypted, and:
(i) The communication is not the radio portion of a cellular
telephone communication, a public land mobile radio service communication, or a
paging service communication, the offender is subject to a fine of not more than
$1,000 or imprisonment for not more than 1 year, or both; or
(ii) The communication is the radio portion of a cellular telephone
communication, a public land mobile radio service communication, or a paging service
communication, the offender is subject to a fine of not more than $500.
(3) Unless the conduct is for the purpose of direct or indirect commercial
advantage or private financial gain, conduct which would otherwise be an offense
under this subsection is not an offense under this subsection if the conduct consists of
or relates to the interception of a satellite transmission that is not encrypted or
scrambled and that is transmitted:
(i) To a broadcasting station for purposes of retransmission to the
general public; or
- 1689 -
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