WILLIAM DONALD SCHAEFER, Governor Ch. 607

4. BY ANY MARINE OR AERONAUTICAL
COMMUNICATIONS SYSTEM; OR

(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.

(6) (7) 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.

(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.

(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.

- 4129 -