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Ch. 100
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2002 LAWS OF MARYLAND
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(ii) A provider of electronic communications service or remote
computing service shall disclose a record or other information pertaining to a
subscriber to or a customer of the service to an investigative or law enforcement
officer only if the officer:
1. Uses a subpoena issued by a court of competent
jurisdiction, a State grand jury subpoena, or a subpoena authorized under Article 10,
§ 39A of the Code;
2. Obtains a warrant from a court of competent jurisdiction;
3. Obtains a court order requiring the disclosure under
subsection (d) of this section; or
4. Has the consent of the subscriber or customer to the
disclosure.
(3) An investigative or law enforcement officer receiving records or
information under this subsection is not required to provide notice to a subscriber or
customer.
10-4A-05.
(a) (1) A subpoena or court order issued under § 10-4A-04 of this subtitle
may include a requirement that the service provider to whom the request is directed
create a backup copy of the contents of the electronic communications sought in order
to preserve those communications. Without notifying the subscriber or customer of
the subpoena or court order, the service provider shall create a backup copy as soon as
practicable consistent with the provider's regular business practices and shall
confirm to the governmental entity that the backup copy has been made. The service
provider shall create a backup copy under this subsection within [2 business days] 24
HOURS after the day on which the service provider receives the subpoena or court
order.
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] ANY circuit court HAVING
JURISDICTION OVER THE CRIME BEING INVESTIGATED REGARDLESS OF THE
LOCATION OF THE INSTRUMENT OR PROCESS FROM WHICH A WIRE OR ELECTRONIC
COMMUNICATION IS TRANSMITTED OR RECEIVED.
(d) (1) "Pen register" means a device OR PROCESS 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] DIALING,
ROUTING, ADDRESSING, OR SIGNALING INFORMATION TRANSMITTED BY AN
INSTRUMENT OR FACILITY FROM WHICH A WIRE OR ELECTRONIC COMMUNICATION
IS TRANSMITTED.
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- 1282 -
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