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Ch. 26
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PARRIS N. GLENDENING, Governor
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(I) OWNS OR OPERATES A FIBER OPTIC, CABLE TELEVISION,
SATELLITE, INTERNET-BASED, TELEPHONE, WIRELESS, MICROWAVE, DATA
TRANSMISSION, OR RADIO DISTRIBUTION SYSTEM, NETWORK, OR FACILITY; OR
(II) PROVIDES A TELECOMMUNICATION SERVICE DIRECTLY OR
INDIRECTLY USING ANY OF THE SYSTEMS, NETWORKS, OR FACILITIES LISTED IN
ITEM (I) OF THIS PARAGRAPH.
(2) "TELECOMMUNICATION SERVICE PROVIDER" INCLUDES A PERSON
THAT, FOR A FEE, SUPPLIES THE FACILITY, CELL SITE, MOBILE TELEPHONE
SWITCHING OFFICE, OR OTHER EQUIPMENT OR TELECOMMUNICATION SERVICE.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 194A(a)(7).
In paragraph (1)(ii) of this subsection, the term "listed" is substituted for
the former term "described" for consistency.
In paragraph (2) of this subsection, the reference to a "person" is
substituted for the former reference to "cellular, paging, or other wireless
communications company or other person" for brevity and style.
Defined term: "Person" § 1-101
(F) UNLAWFUL ACCESS DEVICE.
"UNLAWFUL ACCESS DEVICE" MEANS AN INSTRUMENT, DEVICE, ACCESS CODE,
MACHINE, EQUIPMENT, TECHNOLOGY, OR SOFTWARE THAT IS PRIMARILY DESIGNED,
ASSEMBLED, MANUFACTURED, SOLD, DISTRIBUTED, POSSESSED, USED, OFFERED,
PROMOTED, OR ADVERTISED TO DEFEAT OR CIRCUMVENT TECHNOLOGY, SOFTWARE,
OR A DEVICE, OR A COMPONENT OR PART OF ANY TECHNOLOGY, SOFTWARE, OR A
DEVICE USED BY THE PROVIDER, OWNER, OR LICENSEE OF A TELECOMMUNICATION
SERVICE OR OF A DATA, AUDIO, OR VIDEO PROGRAM OR TRANSMISSION, TO PROTECT
THAT TELECOMMUNICATION, DATA, AUDIO, OR VIDEO SERVICE, PROGRAM, OR
TRANSMISSION FROM UNAUTHORIZED RECEIPT, ACQUISITION, ACCESS,
DECRYPTION, DISCLOSURE, COMMUNICATION, TRANSMISSION, OR
RETRANSMISSION.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 194A(a)(8).
The phrase "to defeat or circumvent" is substituted for the former phrase
"for the purpose of defeating or circumventing" for brevity.
The reference to "technology, software, or a device" is substituted for the
former reference to "them" for clarity.
(G) UNLAWFUL TELECOMMUNICATION DEVICE OR ACCESS CODE.
(1) "UNLAWFUL TELECOMMUNICATION DEVICE OR ACCESS CODE"
MEANS A TELECOMMUNICATION DEVICE OR ACCESS CODE THAT HAS BEEN
ALTERED, DESIGNED, MODIFIED, PROGRAMMED, OR REPROGRAMMED, ALONE OR IN
CONJUNCTION WITH ANOTHER TELECOMMUNICATION DEVICE OR ACCESS CODE, TO
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- 567 -
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