Ch. 607

LAWS OF MARYLAND

(I)  ANY TEMPORARY, INTERMEDIATE STORAGE OF A
WIRE OR ELECTRONIC COMMUNICATION INCIDENTAL TO THE ELECTRONIC
TRANSMISSION OF THE COMMUNICATION; AND

(II)  ANY STORAGE OF A WIRE OR ELECTRONIC
COMMUNICATION BY AN ELECTRONIC COMMUNICATION SERVICE FOR PURPOSES
OF BACKUP PROTECTION OF THE COMMUNICATION.

(17) "AURAL TRANSFER" MEANS A TRANSFER CONTAINING THE
HUMAN VOICE AT ANY POINT BETWEEN AND INCLUDING THE POINT OF
ORIGIN AND THE POINT OF RECEPTION.

10-402.

(a)  Except as otherwise specifically provided in this
subtitle it is unlawful for any person to:

(1)  Wilfully intercept, endeavor to intercept, or
procure any other person to intercept or endeavor to intercept,
any wire [or], oral, OR ELECTRONIC communication;

(2)  Wilfully disclose, or endeavor to disclose, to
any other person the contents of any wire [or], oral, OR
ELECTRONIC communication, knowing or having reason to know that
the information was obtained through the interception of a wire
[or], oral, OR ELECTRONIC communication in violation of this
subtitle; or

(3)  Wilfully use, or endeavor to use, the contents of
any wire [or], oral, OR ELECTRONIC communication, knowing or
having reason to know that the information was obtained through
the interception of a wire [of], oral, OR ELECTRONIC
communication in violation of this subtitle.

(b)  Any person who violates subsection (a) of this section
is guilty of a felony and is subject to imprisonment for not more
than [five] 5 years or a fine of not more than $10,000, or both.

(c)  (1) (i) It is lawful under this subtitle for an
operator of a switchboard, or an officer, employee, or agent of
[any communication common carrier] A PROVIDER OF WIRE OR
ELECTRONIC COMMUNICATION SERVICE, whose facilities are used in
the transmission of a wire OR ELECTRONIC communication to
intercept, disclose, or use that communication in the normal
course of his employment while engaged in any activity which is a
necessary incident to the rendition of his service or to the
protection of the rights or property of the [carrier of the
communication. Provided, the communication common carriers]
PROVIDER OF THAT SERVICE, EXCEPT THAT A PROVIDER OF WIRE
COMMUNICATIONS SERVICE TO THE PUBLIC may not utilize service
observing or random monitoring except for mechanical or service
quality control checks.

- 4126 -