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Session Laws, 1988
Volume 770, Page 4123   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 607
(1984 Replacement Volume and 1987 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

10-401.

As used in this subtitle, the following terms have the
meanings indicated:

(1)  (I) "Wire communication" means any
[communication] AURAL TRANSFER made in whole or in part through
the use of facilities for the transmission of communications by
the aid of wire, cable, or other like connection between the
point of origin and the point of reception (INCLUDING THE USE OF
A CONNECTION IN A SWITCHING STATION) furnished or operated by any
person [engaged as a common carrier] LICENSED TO ENGAGE in
providing or operating such facilities for the transmission of
communications[;].

(II)  "WIRE COMMUNICATION" INCLUDES ANY
ELECTRONIC STORAGE OF A COMMUNICATION DESCRIBED IN THIS
PARAGRAPH.

(III)  "WIRE COMMUNICATION" DOES NOT INCLUDE THE
RADIO PORTION OF A CORDLESS TELEPHONE COMMUNICATION THAT IS
TRANSMITTED BETWEEN THE CORDLESS TELEPHONE HANDSET AND THE BASE
UNIT.

(2)  (I) "Oral communication" means any [conversation
or words spoken to or by any person in private conversation;]
ORAL COMMUNICATION UTTERED BY A PERSON EXHIBITING AN EXPECTATION
THAT THE COMMUNICATION IS NOT SUBJECT TO INTERCEPTION UNDER
CIRCUMSTANCES JUSTIFYING THAT EXPECTATION.

(II) "ORAL COMMUNICATION" DOES NOT INCLUDE ANY
ELECTRONIC COMMUNICATION.

(3)  "Intercept" means the aural OR OTHER acquisition
of the contents of any wire, ELECTRONIC, or oral communication
through the use of any electronic, mechanical, or other
device[;].

(4)  "Electronic, mechanical, or other device" means
any device or electronic communication other than:

(i) Any telephone or telegraph instrument,
equipment or OTHER facility FOR THE TRANSMISSION OF ELECTRONIC
COMMUNICATIONS, or any component thereof, (a) furnished to the
subscriber or user by a [communications common carrier] PROVIDER

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Session Laws, 1988
Volume 770, Page 4123   View pdf image
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