WILLIAM DONALD SCHAEFER, Governor Ch. 607

(3) A REASONABLE ATTORNEY'S FEE AND OTHER LITIGATION
COSTS REASONABLY INCURRED.

(C)  THE COURT MAY ASSESS AS DAMAGES IN A CIVIL ACTION UNDER
THIS SECTION THE SUM OF THE ACTUAL DAMAGES SUFFERED BY THE
PLAINTIFF AND ANY PROFITS MADE BY THE VIOLATOR AS A RESULT OF THE
VIOLATION, BUT IN NO CASE SHALL A PERSON ENTITLED TO RECOVER
RECEIVE LESS THAN $1,000.

(D)  A GOOD FAITH RELIANCE ON ANY OF THE FOLLOWING IS A
COMPLETE DEFENSE TO ANY CIVIL OR CRIMINAL ACTION BROUGHT UNDER
THIS SUBTITLE OR ANY OTHER STATE LAW:

(1)  A COURT WARRANT OR ORDER, A GRAND JURY SUBPOENA,
A LEGISLATIVE AUTHORIZATION, OR A STATUTORY AUTHORIZATION; OR

(2)  A GOOD FAITH DETERMINATION THAT SECTION 10-402(D)
OF THIS TITLE PERMITTED THE CONDUCT THAT IS THE SUBJECT OF THE
ACTION.

(E)  A CIVIL ACTION UNDER THIS SECTION SHALL BE FILED WITHIN
2 YEARS AFTER THE DAY ON WHICH THE CLAIMANT FIRST DISCOVERED OR
HAD A REASONABLE OPPORTUNITY TO DISCOVER THE VIOLATION.

10-4A-09.

THE REMEDIES AND SANCTIONS DESCRIBED IN THIS SUBTITLE ARE
THE ONLY JUDICIAL REMEDIES AND SANCTIONS FOR NONCONSTITUTIONAL
VIOLATIONS OF THIS SUBTITLE.

SUBTITLE 4B. PEN REGISTERS AND TRAP AND TRACE DEVICES

10-4B-01.

(A)  IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)  "WIRE COMMUNICATION" "ELECTRONIC COMMUNICATION", AND
"ELECTRONIC COMMUNICATION SERVICE" HAVE THE MEANINGS STATED IN §
10-401 OF THIS TITLE.

(C)  "COURT OF COMPETENT JURISDICTION" MEANS A CIRCUIT
COURT.

(D)  (1) "PEN REGISTER" MEANS A DEVICE THAT RECORDS AND
DECODES ELECTRONIC OR OTHER IMPULSES THAT IDENTIFY THE NUMBERS
DIALED OR OTHERWISE TRANSMITTED ON THE TELEPHONE LINE TO WHICH
THE DEVICE IS ATTACHED.

(2) "PEN REGISTER" DOES NOT INCLUDE ANY DEVICE USED
BY A PROVIDER OR CUSTOMER OF A WIRE OR ELECTRONIC COMMUNICATION
SERVICE FOR BILLING, OR RECORDING AS AN INCIDENT TO BILLING, FOR
COMMUNICATIONS SERVICES PROVIDED BY THE PROVIDER OR ANY DEVICE

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