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VETOES
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H.B. 610
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(iii) To intercept any wire or electronic communication the
transmission of which is causing harmful interference to any lawfully operating
station or consumer electronic equipment, to the extent necessary to identify the
source of the interference; or
(iv) For other users of the same frequency to intercept any radio
communication made through a system that utilizes frequencies monitored by
individuals engaged in the provision or the use of the system, if the communication is
not scrambled or encrypted.
(8) It is lawful under this subtitle:
(i) To use a pen register or trap and trace device as defined under
§ 10-4B-01 of this title; or
(ii) For a provider of electronic communication service to record the
fact that a wire or electronic communication was initiated or completed in order to
protect the provider, another provider furnishing service toward the completion of the
wire or electronic communication, or a user of that service, from fraudulent, unlawful,
or abusive use of the service.
(9) It is lawful under this subtitle for a person to intercept a wire or
electronic communication in the course of a law enforcement investigation of possible
telephone solicitation theft if:
(i) The person is an investigative or law enforcement officer or is
acting under the direction of an investigative or law enforcement officer; and
(ii) The person is a party to the communication and participates in
the communication through the use of a telephone instrument.
(10) IT IS LAWFUL UNDER THIS SUBTITLE FOR A PERSON TO INTERCEPT A
WIRE, ORAL, OR ELECTRONIC COMMUNICATION IN THE COURSE OF A LAW
ENFORCEMENT INVESTIGATION IN ORDER TO PROVIDE EVIDENCE OF THE
COMMISSION OF VEHICLE THEFT IF:
(I) THE PERSON IS AN INVESTIGATIVE OR LAW ENFORCEMENT
OFFICER OR IS ACTING UNDER THE DIRECTION OF AN INVESTIGATIVE OR LAW
ENFORCEMENT OFFICER; AND
(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.
- 4134 -
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