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ROBERT L. EHRLICH, JR., Governor H.B. 610
(ii) 1. It is lawful under this subtitle for a provider of wire or
electronic communication service, its officers, employees, and agents, landlords,
custodians or other persons to provide information, facilities, or technical assistance
to persons authorized by federal or State law to intercept wire, oral, or electronic
communications or to conduct electronic surveillance, if the provider, its officers,
employees, or agents, landlord, custodian, or other specified person has been provided
with a court order signed by the authorizing judge directing the provision of
information, facilities, or technical assistance.
2. The order shall set forth the period of time during which
the provision of the information, facilities, or technical assistance is authorized and
specify the information, facilities, or technical assistance required. A provider of wire
or electronic communication service, its officers, employees, or agents, or landlord,
custodian, or other specified person may not disclose the existence of any interception
or surveillance or the device used to accomplish the interception or surveillance with
respect to which the person has been furnished an order under this subparagraph,
except as may otherwise be required by legal process and then only after prior
notification to the judge who granted the order, if appropriate, or the State's Attorney
of the county where the device was used. Any such disclosure, shall render the person
liable for compensatory damages. No cause of action shall lie in any court against any
provider of wire or electronic communication service, its officers, employees, or
agents, landlord, custodian, or other specified person for providing information,
facilities, or assistance in accordance with the terms of a court order under this
subtitle.
(2) (i) This paragraph applies to an interception in which:
1. The investigative or law enforcement officer or other
person is a party to the communication; or
2. One of the parties to the communication has given prior
consent to the interception.
(ii) It is lawful under this subtitle for an investigative or law
enforcement officer acting in a criminal investigation or any other person acting at
the prior direction and under the supervision of an investigative or law enforcement
officer to intercept a wire, oral, or electronic communication in order to provide
evidence:
1. Of the commission of:
A. Murder;
B. Kidnapping;
C. Rape;
D. A sexual offense in the first or second degree;
E. Child abuse;
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