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ROBERT L. EHRLICH, JR., Governor Ch. 491
2. THE INCOMING NUMBER OF A CALL DIRECTED TO A
CUSTOMER OR OTHER PERSON USING THE CUSTOMER'S TELEPHONE; OR
3. OTHER DATA RELATED TO CALLS TYPICALLY CONTAINED
ON A CUSTOMER'S TELEPHONE BILL, SUCH AS THE TIME THE CALL STARTED AND
ENDED, THE DURATION OF THE CALL, AND ANY CHARGES APPLIED.
(II) "TELEPHONE RECORD" DOES NOT INCLUDE INFORMATION
COLLECTED OR RETAINED BY CUSTOMERS USING CALLER I.D. OR SIMILAR
TECHNOLOGY.
(B) THIS SECTION DOES NOT APPLY TO:
(1) A PERSON ACTING UNDER A VALID COURT ORDER WARRANT OR
SUBPOENA; OR
(2) A LAW ENFORCEMENT OFFICER ACTING IN THE PERFORMANCE OF
OFFICIAL DUTY,
(C) A PERSON MAY NOT:
(1) KNOWINGLY OBTAIN, ATTEMPT TO OBTAIN, OR SOLICIT OR
CONSPIRE WITH ANOTHER TO OBTAIN, A TELEPHONE RECORD:
(I) WITHOUT THE AUTHORIZATION OF THE CUSTOMER TO WHOM
THE RECORD PERTAINS: OR
(II) BY FRAUDULENT, DECEPTIVE, OR FALSE MEANS:
(2) KNOWINGLY SELL OR ATTEMPT TO SELL A TELEPHONE RECORD
WITHOUT THE AUTHORIZATION OF THE CUSTOMER TO WHOM THE RECORD
PERTAINS; OR
(3) RECEIVE A TELEPHONE RECORD:
(I) KNOWING THAT THE RECORD HAS BEEN OBTAINED WITHOUT
THE AUTHORIZATION OF THE CUSTOMER TO WHOM THE RECORD PERTAINS; OR
(II) BY FRAUDULENT, DECEPTIVE, OR FALSE MEANS.
(B) (D) (1) A VIOLATION OF THIS SECTION IS AN UNFAIR OR DECEPTIVE
TRADE PRACTICE UNDER TITLE 13 OF THE COMMERCIAL LAW ARTICLE.
(2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $2,000 OR BOTH.
(E) NOTWITHSTANDING ANY OTHER LAW, THE PROSECUTION FOR A
VIOLATION OF THIS SECTION MAY BE COMMENCED IN ANY COUNTY IN WHICH:
(1) AN ELEMENT OF THE CRIME OCCURRED; OR
(2) THE VICTIM RESIDES.
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