WILLIAM DONALD SCHAEFER, Governor Ch. 607

ENCRYPTED AND THE CONDUCT IN VIOLATION OF THIS SUBTITLE IS NOT
FOR A TORTIOUS OR ILLEGAL PURPOSE OR FOR PURPOSE OF DIRECT OR
INDIRECT COMMERCIAL ADVANTAGE OR PRIVATE COMMERCIAL GAIN.

(2)  (I) THE STATE IS ENTITLED TO APPROPRIATE
INJUNCTIVE RELIEF IN AN ACTION UNDER THIS SUBSECTION IF THE
VIOLATION IS THE PERSON'S FIRST OFFENSE UNDER SUBSECTION (E)(1)
OF THIS SECTION AND THE PERSON HAS NOT BEEN FOUND LIABLE IN A
PRIOR CIVIL ACTION UNDER § 10-410 OF THIS SUBTITLE.

(II) IN AN ACTION UNDER THIS SUBSECTION, IF THE
VIOLATION IS A SECOND OR SUBSEQUENT OFFENSE UNDER SUBSECTION
(E)(1) OF THIS SECTION OR IF THE PERSON HAS BEEN FOUND LIABLE IN
A PRIOR CIVIL ACTION UNDER § 10-410 OF THIS SUBTITLE, THE PERSON
IS SUBJECT TO A MANDATORY $500 CIVIL FINE CIVIL FINE OF NOT LESS
THAN $500.

(3)  THE COURT MAY USE ANY MEANS WITHIN ITS AUTHORITY
TO ENFORCE AN INJUNCTION ISSUED UNDER PARAGRAPH (2)(I) OF THIS
SUBSECTION, AND SHALL IMPOSE A CIVIL FINE OF NOT LESS THAN $500
FOR EACH VIOLATION OF AN INJUNCTION ISSUED UNDER PARAGRAPH (2)(I)
OF THIS SUBSECTION.

10-403.

(a)  Except as otherwise specifically provided in this
subtitle, any person who manufactures, assembles, possesses, or
sells any electronic, mechanical, or other device, knowing or
having reason to know that the design of the device renders it
primarily useful for the purpose of the surreptitious
interception of wire [or], oral, OR ELECTRONIC communications, is
guilty of a felony and is subject to imprisonment for not more
than five years or a fine of not more than $10,000, or both.

(b)  It is lawful under this section for:

(1)  A [communications common carrier] PROVIDER OF
WIRE OR ELECTRONIC COMMUNICATION SERVICE or an officer, agent, or
employee of, or a person under contract with, a [communications
common carrier] SERVICE PROVIDER, in the normal course of the
[communications common carrier's] business OF PROVIDING THAT WIRE
OR ELECTRONIC COMMUNICATION SERVICE to manufacture, assemble,
possess, or sell any electronic, mechanical, or other device
knowing or having reason to know that the design of the device
renders it primarily useful for the purpose of the surreptitious
interception of wire [or], oral, OR ELECTRONIC communications.

(2)  A person under contract with the United States, a
state, a political subdivision of a state, or the District of
Columbia, in the normal course of the activities of the United
States, a state, a political subdivision thereof, or the District
of Columbia, to manufacture, assemble, possess, or sell any
electronic, mechanical, or other device knowing or having reason

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