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PARRIS N. GLENDENING, Governor
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Ch. 100
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(2) "Pen register" does not include any device OR PROCESS used:
(I) [by] 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 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; OR
(II) TO OBTAIN THE CONTENT OF A COMMUNICATION.
(e) (1) "Trap and trace device" means a device OR PROCESS that captures
the incoming electronic or other impulses that identify the originating number [of an
instrument or device from which] OR OTHER DIALING, ROUTING, ADDRESSING, AND
SIGNALING INFORMATION REASONABLY LIKELY TO IDENTIFY THE SOURCE OF a wire
or electronic communication [was transmitted],
(2) "TRAP AND TRACE DEVICE" DOES NOT INCLUDE A DEVICE OR
PROCESS USED TO OBTAIN THE CONTENT OF A COMMUNICATION.
10-4B-04.
(a) (1) Upon an application made under § 10-4B-03 of this subtitle, the
court shall enter an ex parte order authorizing the installation and use of a pen
register or a trap and trace device within the jurisdiction of the court if the court finds
that the information likely to be obtained by the installation and use is relevant to an
ongoing criminal investigation.
(2) ON SERVICE, AN ORDER ISSUED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL APPLY TO ANY PERSON PROVIDING WIRE OR ELECTRONIC
COMMUNICATION SERVICE WHOSE ASSISTANCE MAY FACILITATE THE EXECUTION
OF THE ORDER
(b) An order issued under this section shall:
(1) Specify the identity, if known, of the person to whom is leased or in
whose name is listed the telephone line OR OTHER FACILITY to which the pen register
or trap and trace device is to be attached OR APPLIED;
(2) Specify the identity, if known, of the person who is the subject of the
criminal investigation;
(3) Specify the [number and, if known, physical location of the telephone
line to which the pen register or trap and trace device is to be attached] ATTRIBUTES
OF THE COMMUNICATIONS TO WHICH THE ORDER APPLIES, INCLUDING THE
NUMBER OR OTHER IDENTIFIER AND, IF KNOWN, THE LOCATION OF THE
TELEPHONE LINE OR OTHER FACILITY TO WHICH THE PEN REGISTER OR TRAP AND
TRACE DEVICE IS TO BE ATTACHED OR APPLIED, and, in the case of a trap and trace
device, the geographic limits of the trap and trace order;
(4) Contain a description of the offense to which the information likely to
be obtained by the pen register or trap and trace device relates; and
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- 1283 -
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