LAWS OF MARYLAND

(5) OTHERWISE SERIOUSLY JEOPARDIZING AN INVESTIGATION
OR UNDULY DELAYING A TRIAL. HAVE AN ADVERSE RESULT.

10-4A-07.

(A)  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (C) OF THIS
SECTION, AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER OBTAINING
THE CONTENTS OF COMMUNICATIONS, RECORDS, OR OTHER INFORMATION
UNDER § 10-4A-03, § 10-4A-04, OR § 10-4A-05 OF THIS SUBTITLE
SHALL PAY TO THE PERSON OR ENTITY ASSEMBLING OR PROVIDING THE
INFORMATION A FEE FOR REIMBURSEMENT FOR COSTS THAT ARE REASONABLY
NECESSARY AND THAT HAVE BEEN DIRECTLY INCURRED IN SEARCHING FOR,
ASSEMBLING, REPRODUCING, OR OTHERWISE PROVIDING THE INFORMATION.
REIMBURSABLE COSTS SHALL INCLUDE ANY COSTS DUE TO NECESSARY
DISRUPTION OF NORMAL OPERATIONS OF ANY ELECTRONIC COMMUNICATION
SERVICE OR REMOTE COMPUTING SERVICE IN WHICH THE INFORMATION MAY
BE STORED.

(B)  THE AMOUNT OF THE FEE AUTHORIZED UNDER SUBSECTION (A)
OF THIS SECTION SHALL BE MUTUALLY AGREED UPON BY THE
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER AND THE PERSON OR ENTITY
PROVIDING THE INFORMATION, OR, IN THE ABSENCE OF AGREEMENT, SHALL
BE DETERMINED BY THE COURT WHICH ISSUED THE ORDER FOR PRODUCTION
OF THE INFORMATION OR THE COURT IN WHICH A CRIMINAL PROSECUTION
RELATING TO THE INFORMATION WOULD BE BROUGHT, IF NO COURT ORDER
WAS ISSUED FOR PRODUCTION OF THE INFORMATION.

(C)  THE REQUIREMENT OF SUBSECTION (A) OF THIS SECTION DOES
NOT APPLY WITH RESPECT TO RECORDS OR OTHER INFORMATION MAINTAINED
BY A COMMUNICATIONS COMMON CARRIER THAT RELATE TO TELEPHONE TOLL
RECORDS AND TELEPHONE LISTINGS OBTAINED UNDER § 10-4A-04 OF THIS
SUBTITLE. THE COURT MAY, HOWEVER, ORDER A PAYMENT DESCRIBED IN
SUBSECTION (A) OF THIS SECTION IF THE COURT DETERMINES THE
INFORMATION REQUIRED IS UNUSUALLY VOLUMINOUS IN NATURE OR
OTHERWISE CAUSED AN UNDUE BURDEN ON THE PROVIDER.

10-4A-08.

(A)  EXCEPT AS PROVIDED IN § 10-4A-04(E) OF THIS SUBTITLE, A
PROVIDER OF ELECTRONIC COMMUNICATION SERVICE, SUBSCRIBER, OR
CUSTOMER AGGRIEVED BY A KNOWING OR INTENTIONAL VIOLATION OF THIS
SUBTITLE MAY RECOVER APPROPRIATE RELIEF IN A CIVIL ACTION AGAINST
THE PERSON OR ENTITY THAT ENGAGED IN THE VIOLATION.

(B)  IN A CIVIL ACTION UNDER THIS SECTION, APPROPRIATE
RELIEF INCLUDES:

(1)  APPROPRIATE PRELIMINARY AND OTHER EQUITABLE OR
DECLARATORY RELIEF;

(2)  DAMAGES UNDER SUBSECTION (C) OF THIS SECTION; AND

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Ch. 607