Ch. 607                                          LAWS OF MARYLAND

(B)  A PERSON WHO VIOLATES THE PROVISIONS OF SUBSECTION (A)
OF THIS SECTION IS SUBJECT TO THE FOLLOWING PENALTIES:

(1)  IF THE OFFENSE IS COMMITTED FOR PURPOSES OF
COMMERCIAL ADVANTAGE, MALICIOUS DESTRUCTION OR DAMAGE, OR PRIVATE
COMMERCIAL GAIN:

(I)  FOR A FIRST OFFENSE, A FINE OF NOT MORE
THAN $250,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR, OR BOTH;
AND

(II)  FOR A SECOND OR SUBSEQUENT OFFENSE, A FINE
OF NOT MORE THAN $250,000 OR IMPRISONMENT FOR NOT MORE THAN 2
YEARS, OR BOTH; OR

(2)  IN ANY OTHER CASE, A FINE OF NOT MORE THAN $5,000
OR IMPRISONMENT FOR NOT MORE THAN 6 MONTHS, OR BOTH.

(C)  SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO
CONDUCT AUTHORIZED:

(1)  BY THE PERSON OR ENTITY PROVIDING A WIRE OR
ELECTRONIC COMMUNICATIONS SERVICE;

(2)  BY A USER OF A WIRE OR ELECTRONIC COMMUNICATIONS
SERVICE WITH RESPECT TO A COMMUNICATION OF OR INTENDED FOR - THAT
USER; OR

(3)  UNDER THE PROVISIONS OF THIS SUBTITLE.

10-4A-03.

(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, A PERSON OR ENTITY PROVIDING AN ELECTRONIC COMMUNICATION
SERVICE TO THE PUBLIC MAY NOT KNOWINGLY DIVULGE TO ANY OTHER
PERSON OR ENTITY THE CONTENTS OF A COMMUNICATION WHILE THE
COMMUNICATION IS IN ELECTRONIC STORAGE BY THAT SERVICE.

(2) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, A PERSON OR ENTITY PROVIDING REMOTE COMPUTING SERVICE TO
THE PUBLIC MAY NOT KNOWINGLY DIVULGE TO ANY OTHER PERSON OR
ENTITY THE CONTENTS OF ANY COMMUNICATION WHICH IS CARRIED OR
MAINTAINED ON THAT SERVICE:

(I)  ON BEHALF OF, AND RECEIVED BY MEANS OF
ELECTRONIC TRANSMISSION FROM, OR CREATED BY MEANS OF COMPUTER
PROCESSING OF COMMUNICATIONS RECEIVED BY MEANS OF ELECTRONIC
TRANSMISSION FROM, A SUBSCRIBER OR CUSTOMER OF THE SERVICE; AND

(II)  SOLELY FOR THE PURPOSE OF PROVIDING
STORAGE OR COMPUTER PROCESSING SERVICES TO A SUBSCRIBER OR
CUSTOMER, IF THE PROVIDER IS NOT AUTHORIZED TO ACCESS THE

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