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Ch. 324 2002 LAWS OF MARYLAND
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(C) (1) "INTERACTIVE COMPUTER SERVICE PROVIDER" MEANS AN
INFORMATION SERVICE, SYSTEM, OR ACCESS SOFTWARE PROVIDER THAT PROVIDES
OR ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A COMPUTER SERVICE.
(2) "INTERACTIVE COMPUTER SERVICE PROVIDER" INCLUDES A
SERVICE OR SYSTEM THAT PROVIDES ACCESS TO THE INTERNET AND SYSTEMS
OPERATED OR SERVICES OFFERED BY A LIBRARY OR EDUCATIONAL INSTITUTION.
14-2902.
(B) (A) THIS SECTION APPLIES TO A COMMERCIAL ELECTRONIC MAIL
MESSAGE SENT FROM A COMPUTER LOCATED IN THE STATE OR TO AN ELECTRONIC
MAIL ADDRESS THAT THE SENDER KNOWS OR HAS REASON TO KNOW IS HELD BY A
RESIDENT OF THE STATE DOES NOT APPLY TO AN INTERACTIVE COMPUTER SERVICE
PROVIDER OR A TELECOMMUNICATION UTILITY TO THE EXTENT THAT THE
INTERACTIVE COMPUTER SERVICE PROVIDER OR THE TELECOMMUNICATION
UTILITY MERELY HANDLES, RETRANSMITS, OR CARRIES A TRANSMISSION OF
COMMERCIAL ELECTRONIC MAIL.
(C) (B) A PERSON MAY NOT INITIATE OR THE TRANSMISSION. CONSPIRE
WITH ANOTHER PERSON TO INITIATE THE TRANSMISSION, OR ASSIST IN THE
TRANSMISSION OF A COMMERCIAL ELECTRONIC MAIL MESSAGE THAT:
(1) MISREPRESENTS OR OBSCURES ANY INFORMATION RELATING TO
THE POINT OF ORIGIN OR TRANSMISSION PATH OF THE COMMERCIAL ELECTRONIC
MAIL MESSAGE; OR
(2) IS FROM A COMPUTER IN THE STATE OR IS SENT TO AN ELECTRONIC
MAIL ADDRESS THAT THE SENDER KNOWS OR SHOULD HAVE KNOWN IS HELD BY A
RESIDENT OF THE STATE; AND
(2) (I) USES A THIRD PARTY'S INTERNET DOMAIN NAME OR
ELECTRONIC MAIL ADDRESS WITHOUT THE PERMISSION OF THE THIRD PARTY;
(II) CONTAINS FALSE OR MISLEADING INFORMATION IN ABOUT
THE SUBJECT LINE ORIGIN OR THE TRANSMISSION PATH OF THE COMMERCIAL
ELECTRONIC MAIL; OR
(III) CONTAINS FALSE OR MISLEADING INFORMATION IN THE
SUBJECT LINE THAT HAS THE CAPACITY, TENDENCY, OR EFFECT OF DECEIVING THE
RECIPIENT.
(D) A PERSON MAY NOT ASSIST IN THE TRANSMISSION OF A COMMERCIAL
ELECTRONIC MAIL MESSAGE IF THE PERSON PROVIDING ASSISTANCE KNOWS OR
CONSCIOUSLY AVOIDS KNOWING THAT THE PERSON INITIATING THE COMMERCIAL
ELECTRONIC MAIL MESSAGE IS ENGAGED OR INTENDS TO ENGAGE IN ANY ACTIVITY
THAT VIOLATES THIS TITLE.
(C) A PERSON IS PRESUMED TO KNOW THAT THE INTENDED RECIPIENT OF
COMMERCIAL ELECTRONIC MAIL IS A RESIDENT OF THE STATE IF THE INFORMATION
IS AVAILABLE ON REQUEST FROM THE REGISTRANT OF THE INTERNET DOMAIN
NAME CONTAINED IN THE RECIPIENT'S ELECTRONIC MAIL ADDRESS.
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- 2816 -
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