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ROBERT L. EHRLICH, JR., Governor
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H.B. 610
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(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 one 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
(ii) As an audio subcarrier intended for redistribution to facilities
open to the public, but not including data transmissions or telephone calls.
(f) (1) A person who engages in conduct in violation of this subtitle is subject
to suit by the federal government or by the State in a court of competent jurisdiction,
if the communication is:
(i) A private satellite video communication that is not scrambled or
encrypted and the conduct in violation of this subtitle is the private viewing of that
communication, and is not for a tortious or illegal purpose, or for purposes of direct or
indirect commercial advantage, or private commercial gain; or
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