Ch. 607                                          LAWS OF MARYLAND

(I)  THE DELIVERY OF THE INFORMATION; OR

(II)  THE RESOLUTION OF ANY PROCEEDINGS,
INCLUDING APPEALS OF ANY PROCEEDINGS, CONCERNING A SUBPOENA OR
COURT ORDER ISSUED UNDER § 10-4A-04 OF THIS SUBTITLE.

(4)  THE SERVICE PROVIDER SHALL RELEASE THE BACKUP
COPY TO THE REQUESTING INVESTIGATIVE OR LAW ENFORCEMENT OFFICER
NO SOONER THAN 14 DAYS AFTER THE DAY ON WHICH THE OFFICER GIVES
NOTICE TO THE SUBSCRIBER OR CUSTOMER, IF THE SERVICE PROVIDER:

(I)  HAS NOT RECEIVED NOTICE FROM THE SUBSCRIBER
OR CUSTOMER THAT THE SUBSCRIBER OR CUSTOMER HAS CHALLENGED THE
OFFICER'S REQUEST; AND

(II)  HAS NOT INITIATED PROCEEDINGS TO CHALLENGE
THE OFFICER'S REQUEST.

(5)  (I) AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER
MAY SEEK TO REQUIRE THE CREATION OF A BACKUP COPY UNDER
SUBSECTION (A)(1) OF THIS SECTION IF, IN THE OFFICER'S SOLE
DISCRETION, THE OFFICER DETERMINES THAT THERE IS REASON TO
BELIEVE THAT NOTIFICATION TO THE SUBSCRIBER OR CUSTOMER UNDER §
10-4A-04 OF THIS SUBTITLE OF THE EXISTENCE OF THE SUBPOENA OR
COURT ORDER MAY RESULT IN DESTRUCTION OF OR TAMPERING WITH
EVIDENCE.

(II) A DETERMINATION UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH IS NOT SUBJECT TO CHALLENGE BY THE SUBSCRIBER OR
CUSTOMER OR SERVICE PROVIDER.

(B) (1) WITHIN 14 DAYS AFTER A SUBSCRIBER OR CUSTOMER
RECEIVES NOTICE FROM AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER
UNDER SUBSECTION (A)(2) OF THIS SECTION, THE SUBSCRIBER OR
CUSTOMER MAY FILE A MOTION TO QUASH THE SUBPOENA OR VACATE THE
COURT ORDER. THE SUBSCRIBER OR CUSTOMER SHALL SERVE A COPY OF
THE MOTION ON THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER AND
GIVE WRITTEN NOTICE OF THE CHALLENGE TO THE SERVICE PROVIDER. A
MOTION TO VACATE A COURT ORDER SHALL BE FILED IN THE COURT THAT
ISSUED THE ORDER. A MOTION TO QUASH A SUBPOENA SHALL BE FILED IN
THE APPROPRIATE COURT. A MOTION OR APPLICATION UNDER THIS
SUBSECTION SHALL CONTAIN AN AFFIDAVIT OR SWORN STATEMENT STATING:

(I)  THAT THE APPLICANT IS A CUSTOMER OR
SUBSCRIBER TO THE SERVICE FROM WHICH THE CONTENTS OF ELECTRONIC
COMMUNICATIONS MAINTAINED FOR THE APPLICANT HAVE BEEN SOUGHT; AND

(II)  THE APPLICANT'S REASONS FOR BELIEVING THAT
THE RECORDS SOUGHT ARE NOT RELEVANT TO A LEGITIMATE LAW
ENFORCEMENT INQUIRY OR THAT THERE HAS NOT BEEN SUBSTANTIAL
COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER IN SOME OTHER
RESPECT.

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