WILLIAM DONALD SCHAEFER, Governor Ch. 607

3.  OBTAINS A COURT ORDER REQUIRING THE
DISCLOSURE UNDER SUBSECTION (D) OF THIS SECTION; OR

4.  HAS THE CONSENT OF THE SUBSCRIBER OR
CUSTOMER TO THE DISCLOSURE.

(3) AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER
RECEIVING RECORDS OR INFORMATION UNDER THIS SUBSECTION IS NOT
REQUIRED TO PROVIDE NOTICE TO A SUBSCRIBER OR CUSTOMER.

(D)  (1) A COURT OF COMPETENT JURISDICTION MAY ISSUE AN
ORDER REQUIRING DISCLOSURE UNDER SUBSECTION (B) OR (C) OF THIS
SECTION ONLY IF THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER
SHOWS THAT THERE IS REASON TO BELIEVE THE CONTENTS OF A WIRE OR
ELECTRONIC COMMUNICATION, OR THE RECORDS OR OTHER INFORMATION
SOUGHT, ARE RELEVANT TO A LEGITIMATE LAW ENFORCEMENT INQUIRY.

(2) A COURT ISSUING AN ORDER UNDER THIS SECTION, MAY
QUASH OR MODIFY THE ORDER, ON A MOTION MADE PROMPTLY BY THE
SERVICE PROVIDER, IF THE INFORMATION OR RECORDS REQUESTED ARE
UNUSUALLY VOLUMINOUS IN NATURE OR IF COMPLIANCE WITH THE ORDER
OTHERWISE WOULD CAUSE AN UNDUE BURDEN ON THE PROVIDER.

(E)  NOTHING IN THIS SUBTITLE MAY BE CONSTRUED AS CREATING A
CAUSE OF ACTION AGAINST ANY PROVIDER OF WIRE OR ELECTRONIC
COMMUNICATION SERVICE, ITS OFFICERS, EMPLOYEES, AGENTS, OR OTHER
SPECIFIED PERSONS FOR PROVIDING INFORMATION, FACILITIES, OR
ASSISTANCE IN ACCORDANCE WITH THE TERMS OF A COURT ORDER,
WARRANT, SUBPOENA, OR CERTIFICATION UNDER THIS SUBTITLE.

10-4A-05.

(A) (1) A SUBPOENA OR COURT ORDER ISSUED UNDER § 10-4A-04
OF THIS SUBTITLE MAY INCLUDE A REQUIREMENT THAT THE SERVICE
PROVIDER TO WHOM THE REQUEST IS DIRECTED CREATE A BACKUP COPY OF
THE CONTENTS OF THE ELECTRONIC COMMUNICATIONS SOUGHT IN ORDER TO
PRESERVE THOSE COMMUNICATIONS. WITHOUT NOTIFYING THE SUBSCRIBER
OR CUSTOMER OF THE SUBPOENA OR COURT ORDER, THE SERVICE PROVIDER
SHALL CREATE A BACKUP COPY AS SOON AS PRACTICABLE CONSISTENT WITH
THE PROVIDER'S REGULAR BUSINESS PRACTICES AND SHALL CONFIRM TO
THE GOVERNMENTAL ENTITY THAT THE BACKUP COPY HAS BEEN MADE. THE
SERVICE PROVIDER SHALL CREATE A BACKUP COPY UNDER THIS SUBSECTION
WITHIN 2 BUSINESS DAYS AFTER THE DAY ON WHICH THE SERVICE
PROVIDER RECEIVES THE SUBPOENA OR COURT ORDER.

(2)  EXCEPT AS PROVIDED IN § 10-4A-06 OF THIS
SUBTITLE, THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER SHALL GIVE
NOTICE TO THE SUBSCRIBER OR CUSTOMER WITHIN 3 DAYS AFTER THE DAY
ON WHICH THE GOVERNMENTAL ENTITY RECEIVES CONFIRMATION THAT A
BACKUP COPY HAS BEEN MADE UNDER PARAGRAPH (1) OF THIS SUBSECTION.

(3)  THE SERVICE PROVIDER MAY NOT DESTROY THE BACKUP
COPY UNTIL THE LATER OF:

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