WILLIAM DONALD SCHAEFER, Governor                   Ch. 607

SUPERVISORY OFFICIAL UNDER PARAGRAPH (4) OF THIS SUBSECTION. AN
EXTENSION MAY NOT EXCEED 90 DAYS.

(7) UPON EXPIRATION OF THE PERIOD OF A DELAY OF
NOTIFICATION UNDER PARAGRAPH (4) OR (6) OF THIS SUBSECTION, THE
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER SHALL SERVE UPON, OR
DELIVER BY REGISTERED OR FIRST CLASS MAIL, TO THE CUSTOMER OR
SUBSCRIBER A COPY OF THE PROCESS OR REQUEST TOGETHER WITH A
NOTICE THAT:

(I)  STATES WITH REASONABLE SPECIFICITY THE
NATURE OF THE LAW ENFORCEMENT INQUIRY; AND

(II)  INFORMS THE CUSTOMER OR SUBSCRIBER:

1.  THAT INFORMATION MAINTAINED FOR THE
CUSTOMER OR SUBSCRIBER BY THE SERVICE PROVIDER NAMED IN THE
PROCESS OR REQUEST WAS SUPPLIED TO OR REQUESTED BY THAT
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER AND THE DATE ON WHICH
THE INFORMATION WAS SUPPLIED OR THE REQUEST WAS MADE;

2.  THAT NOTIFICATION OF THE CUSTOMER OR
SUBSCRIBER WAS DELAYED;

3.  OF THE IDENTITY OF THE INVESTIGATIVE
OR LAW ENFORCEMENT OFFICER OR COURT THAT MADE THE CERTIFICATION
OR DETERMINATION AUTHORIZING THE DELAY; AND

4.  OF THE STATUTORY AUTHORITY FOR THE
DELAY.

(B) IF NOTICE TO THE SUBSCRIBER IS NOT REQUIRED UNDER §
10-4A-04(B)(1) OF THIS SUBTITLE OR IF NOTICE IS DELAYED UNDER
SUBSECTION (A) OF THIS SECTION, AN INVESTIGATIVE OR LAW
ENFORCEMENT OFFICER ACTING UNDER § 10-4A-04 OF THIS SUBTITLE MAY
APPLY TO A COURT FOR AN ORDER REQUIRING A PROVIDER OF ELECTRONIC
COMMUNICATIONS SERVICE OR REMOTE COMPUTING SERVICE TO WHOM A
WARRANT, SUBPOENA, OR COURT ORDER IS DIRECTED, FOR SUCH PERIOD AS
THE COURT DEEMS APPROPRIATE, NOT TO NOTIFY ANY OTHER PERSON OF
THE EXISTENCE OF THE WARRANT, SUBPOENA, OR COURT ORDER. THE
COURT SHALL ENTER AN ORDER UNDER THIS SUBSECTION IF THE COURT
DETERMINES THAT THERE IS REASON TO BELIEVE THAT NOTIFICATION OF
THE EXISTENCE OF THE WARRANT, SUBPOENA, OR COURT ORDER WILL
RESULT IN:

(1) ENDANGERING THE LIFE OR PHYSICAL SAFETY OF AN
INDIVIDUAL;

(2) FLIGHT FROM PROSECUTION;

(3) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
(4) INTIMIDATION OF POTENTIAL WITNESSES; OR
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