Ch. 607

LAWS OF MARYLAND

USED BY A PROVIDER OR CUSTOMER OF A WIRE COMMUNICATION SERVICE
FOR COST ACCOUNTING OR OTHER SIMILAR PURPOSES IN THE ORDINARY
COURSE OF ITS BUSINESS.

(E) "TRAP AND TRACE DEVICE" MEANS A DEVICE THAT CAPTURES
THE INCOMING ELECTRONIC OR OTHER IMPULSES THAT IDENTIFY THE
ORIGINATING NUMBER OF AN INSTRUMENT OR DEVICE FROM WHICH A WIRE
OR ELECTRONIC COMMUNICATION WAS TRANSMITTED.

10-4B-02.

(A)  EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A
PERSON MAY NOT INSTALL OR USE A PEN REGISTER OR A TRAP AND TRACE
DEVICE WITHOUT FIRST OBTAINING A COURT ORDER UNDER § 10-4B-04 OF
THIS SUBTITLE.

(B)  SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO THE
USE OF A PEN REGISTER OR A TRAP AND TRACE DEVICE BY A PROVIDER OF
WIRE OR ELECTRONIC COMMUNICATION SERVICE:

(1)  RELATING TO THE OPERATION, MAINTENANCE, AND
TESTING OF A WIRE OR ELECTRONIC SERVICE OR TO THE PROTECTION OF
THE RIGHTS OR PROPERTY OF THE PROVIDER, OR TO THE PROTECTION OF
USERS OF THAT SERVICE FROM ABUSE OF SERVICE OR UNLAWFUL USE OF
SERVICE; OR

(2)  TO RECORD THE FACT THAT A WIRE OR ELECTRONIC
COMMUNICATION WAS INITIATED OR COMPLETED IN ORDER TO PROTECT THE
PROVIDER, ANOTHER PROVIDER FURNISHING SERVICE TOWARD THE
COMPLETION OF THE WIRE COMMUNICATION, OR A USER OF THAT SERVICE,
FROM FRAUDULENT, UNLAWFUL, OR ABUSIVE USE OF SERVICE, OR WITH THE
CONSENT OF THE USER OF THAT SERVICE.

(C)  A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION,
UPON CONVICTION, IS SUBJECT TO A FINE NOT EXCEEDING $5,000 OR
IMPRISONMENT NOT EXCEEDING 1 YEAR, OR BOTH.

10-4B-03.

(A)  AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER MAY MAKE
APPLICATION FOR AN ORDER OR AN EXTENSION OF AN ORDER UNDER §
10-4B-04 OF THIS SUBTITLE AUTHORIZING OR APPROVING THE
INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE
DEVICE, IN WRITING, UNDER OATH OR EQUIVALENT AFFIRMATION, TO A
COURT OF COMPETENT JURISDICTION OF THIS STATE.

(B)  AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION
SHALL INCLUDE:

(1) THE IDENTITY OF THE STATE LAW ENFORCEMENT OR
INVESTIGATIVE OFFICER MAKING THE APPLICATION AND THE IDENTITY OF
THE LAW ENFORCEMENT AGENCY CONDUCTING THE INVESTIGATION; AND

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