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S.B. 639
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VETOES
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1. Uses a grand jury subpoena; or
2. Obtains a court order requiring the disclosure under
subsection (d) of this section.
(2) Paragraph (1) of this subsection applies to any WIRE OR electronic
communication that is held or maintained on a remote computing service:
(i) On behalf of, and received by means of electronic transmission
from, or created by means of computer processing of communications received by
means of electronic transmission from, a subscriber or customer of the remote
computing service; and
(ii) Solely for the purpose of providing storage or computer
processing services to the subscriber or customer, if the provider is not authorized to
access the contents of any communication for purposes of providing any services other
than storage or computer processing.
(c) (1) (I) In this subsection, "record or other information" INCLUDES
NAME, ADDRESS, LOCAL AND LONG DISTANCE TELEPHONE CONNECTION RECORDS,
OR RECORDS OF SESSION TIMES AND DURATIONS, LENGTH OF SERVICE (INCLUDING
START DATE) AND TYPES OF SERVICE UTILIZED, TELEPHONE OR INSTRUMENT
NUMBER OR OTHER SUBSCRIBER NUMBER OR IDENTITY, INCLUDING ANY
TEMPORARILY ASSIGNED NETWORK ADDRESS, AND MEANS AND SOURCE OF
PAYMENT FOR SUCH SERVICE, PNCLUDING ANY CREDIT CARD OR BANK ACCOUNT
NUMBER
(II) "RECORD OR OTHER INFORMATION" does not include the
contents of communications to which subsections (a) and (b) of this section apply.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a
provider of electronic communications service or remote computing service may
disclose a record or other information pertaining to a subscriber to or a customer of
the service to any person other than an investigative or law enforcement officer.
(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
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4. Has the consent of the subscriber or customer to the
disclosure.
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- 4758 -
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