ROBERT L. EHRLICH, JR., Governor

Ch. 539

(2)      "CHILD PORNOGRAPHY" MEANS ANY ELECTRONIC IMAGE OR VISUAL
DEPICTION THAT IS UNLAWFUL UNDER § 11-207 OR § 11-208 OF THIS SUBTITLE.

(3)      "CONTROLLED OR OWNED", WITH RESPECT TO A SERVER OR OTHER
STORAGE DEVICE, MEANS TO BE ENTIRELY OWNED BY AN INTERACTIVE COMPUTER
SERVICE PROVIDER OR TO BE SUBJECT TO EXCLUSIVE MANAGEMENT BY AN
INTERACTIVE COMPUTER SERVICE PROVIDER BY AGREEMENT OR OTHERWISE.

(4)      "INTERACTIVE COMPUTER SERVICE PROVIDER" MEANS AN ENTITY
THAT PROVIDES A SERVICE THAT PROVIDES OR ENABLES COMPUTER ACCESS VIA
THE INTERNET BY MULTIPLE USERS TO A COMPUTER SERVER OR SIMILAR DEVICE
USED FOR THE STORAGE OF GRAPHICS, VIDEO, OR IMAGES.

(B)     AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER WHO RECEIVES
INFORMATION THAT AN ITEM OF ALLEGED CHILD PORNOGRAPHY RESIDES ON A
SERVER OR OTHER STORAGE DEVICE CONTROLLED OR OWNED BY AN INTERACTIVE
COMPUTER SERVICE PROVIDER SHALL:

(1)      CONTACT THE INTERACTIVE COMPUTER SERVICE PROVIDER THAT
CONTROLS OR OWNS THE SERVER OR OTHER STORAGE DEVICE WHERE THE ITEM OF
ALLEGED CHILD PORNOGRAPHY IS LOCATED;

(2)      INFORM THE INTERACTIVE COMPUTER SERVICE PROVIDER OF THE
PROVISIONS OF THIS SECTION; AND

(3)      REQUEST THAT THE INTERACTS COMPUTER SERVICE PROVIDER
VOLUNTARILY COMPLY WITH THIS SECTION AND REMOVE THE ITEM OF ALLEGED
CHILD PORNOGRAPHY FROM ITS SERVER OR OTHER STORAGE DEVICE, IF
PRACTICABLE, WITHIN 5 BUSINESS DAYS.

(C)     (1) IF THE INTERACTIVE COMPUTER SERVICE PROVIDER DOES NOT
VOLUNTARILY REMOVE THE ITEM OF ALLEGED CHILD PORNOGRAPHY WITHIN THE
TIME PERIOD ESTABLISHED IN SUBSECTION (B) OF THIS SECTION, THE
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER SHALL APPLY FOR A COURT ORDER
OF AUTHORIZATION TO REMOVE THE ITEM OF ALLEGED CHILD PORNOGRAPHY IN
ACCORDANCE WITH TITLE 10, SUBTITLE 4 OF THE COURTS ARTICLE.

(2) THE APPLICATION FOR A COURT ORDER SHALL:

(I)      IDENTIFY THE ITEM OF ALLEGED CHILD PORNOGRAPHY
DISCOVERED ON THE SERVER OR OTHER STORAGE DEVICE CONTROLLED OR OWNED
BY AN INTERACTIVE COMPUTER SERVICE PROVIDER;

(II)     PROVIDE ITS LOCATION ON THE SERVER OR OTHER STORAGE
DEVICE IN THE FORM OF AN INTERNET PROTOCOL (IP) ADDRESS OR UNIFORM
RESOURCE LOCATOR (URL);

(III)   STATE THE GROUNDS FOR THE ISSUANCE OF THE ORDER;

(IV)    VERIFY THAT THE ITEM OF ALLEGED CHILD PORNOGRAPHY
RESIDES ON THE SERVER OR OTHER STORAGE DEVICE CONTROLLED OR OWNED BY
THE INTERACTIVE COMPUTER SERVICE PROVIDER;

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