ROBERT L. EHRLICH, JR., Governor                             Ch. 539

(I)      THE APPLICATION MADE UNDER SUBSECTION (C) OF THIS
SECTION;

(II)     NOTIFICATION REQUIRING THE INTERACTIVE COMPUTER
SERVICE PROVIDER TO REMOVE THE ITEM RESIDING ON A SERVER OR OTHER
STORAGE DEVICE CONTROLLED OR OWNED BY THE INTERACTIVE COMPUTER
SERVICE PROVIDER. IF PRACTICABLE. WITHIN 5 BUSINESS DAYS AFTER RECEIVING
THE ORDER;

(III)   NOTIFICATION OF THE CRIMINAL PENALTIES FOR FAILURE TO
REMOVE THE ITEM OF CHILD PORNOGRAPHY;

(IV)    NOTIFICATION OF THE RIGHT TO APPEAL THE COURT'S ORDER;
AND

(V)     CONTACT INFORMATION FOR THE OFFICE OF THE STATE'S
ATTORNEY.

(F)     AN INTERACTIVE COMPUTER SERVICE PROVIDER WHO IS SERVED WITH A
COURT ORDER UNDER SUBSECTION (E) OF THIS SECTION SHALL REMOVE THE ITEM
OF CHILD PORNOGRAPHY THAT IS THE SUBJECT OF THE ORDER WITHIN 5 BUSINESS
DAYS AFTER RECEIVING THE COURT ORDER, IF PRACTICABLE.

(G)     (1) AN INTERACTIVE COMPUTER SERVICE PROVIDER MAY PETITION THE
COURT FOR RELIEF FOR CAUSE FROM AN ORDER ISSUED UNDER SUBSECTION (D) OF
THIS SECTION.

(2) THE PETITION MAY BE BASED ON CONSIDERATIONS OF:

(I)      THE COST OR TECHNICAL FEASIBILITY OF COMPLIANCE WITH
THE ORDER; OR

(II)     THE INABILITY OF THE INTERACTS COMPUTER SERVICE
PROVIDER TO COMPLY WITH THE ORDER WITHOUT ALSO REMOVING DATA, IMAGES,
OR INFORMATION THAT ARE NOT SUBJECT TO THIS SECTION.

(H) (1) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, AN
INTERACTS COMPUTER SERVICE PROVIDER SHALL REPORT THE LOCATION OF AN
ITEM OF CHILD PORNOGRAPHY TO THE STATE POLICE IF THE ITEM OF CHILD
PORNOGRAPHY:

1.       RESIDES ON A SERVER OR OTHER STORAGE DEVICE THAT
IS:

A.       CONTROLLED OR OWNED BY THE INTERACTIVE
COMPUTER SERVICE PROVIDER; AND

B.       LOCATED IN THE STATE; OR

2.       BASED ON INFORMATION APPARENT TO THE PROVIDER
AT THE TIME OF THE REPORT OR DISCOVERY OF AN ITEM OF CHILD PORNOGRAPHY,
PERTAINS TO A SUBSCRIBER OR USER OF THE INTERACTIVE COMPUTER SERVICE
WHO RESIDES IN THE STATE.

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