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PARRIS N. GLENDENING, Governor
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S.B. 639
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(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.
(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].
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- 4759 -
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