Ch. 539                                    2004 LAWS OF MARYLAND

(II) SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY TO
AN INTERACTIVE COMPUTER SERVICE PROVIDER IF:

1.       FEDERAL LAW EXPRESSLY PROVIDES FOR OR PERMITS
THE REFERRAL OF A REPORT OF AN ITEM OF CHILD PORNOGRAPHY TO A STATE OR
LOCAL LAW ENFORCEMENT AGENCY; AND

2.       THE INTERACTIVE COMPUTER SERVICE PROVIDER
COMPLIES WITH THE FEDERAL LAW.

(2) AN INTERACTIVE COMPUTER SERVICE PROVIDER WHO KNOWINGLY
AND WILLFULLY FAILS TO REPORT THE INFORMATION REQUIRED UNDER
PARAGRAPH (1) OF THIS SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO:

(I)      FOR A FIRST VIOLATION, A FINE NOT EXCEEDING $5,000;

(II)     FOR A SECOND VIOLATION, A FINE NOT EXCEEDING $20,000;
AND

(III)   FOR EACH SUBSEQUENT VIOLATION, A FINE NOT EXCEEDING
$30,000.

(I) AN INTERACTIVE COMPUTER SERVICE PROVIDER WHO WILLFULLY
VIOLATES SUBSECTION (F) OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO:

(1)      FOR A FIRST VIOLATION, A FINE NOT EXCEEDING $5,000;

(2)      FOR A SECOND VIOLATION, A FINE NOT EXCEEDING $20,000; AND

(3)      FOR EACH SUBSEQUENT VIOLATION, A FINE NOT EXCEEDING
$30,000.

(J) AN INTERACTIVE COMPUTER SERVICE PROVIDER WHO WILLFULLY
VIOLATES SUBSECTION (F) OR (H) OF THIS SECTION MAY BE PROSECUTED, INDICTED,
TRIED, AND CONVICTED IN ANY COUNTY IN OR THROUGH WHICH:

(1)     THE INTERACTIVE COMPUTER SERVICE PROVIDER PROVIDES
ACCESS TO THE INTERNET;

(2)      ANY COMMUNICATION FROM THE INTERACTIVE COMPUTER
SERVICE PROVIDER TRAVELED; OR

(3)      THE COMMUNICATION FROM THE INTERACTIVE COMPUTER
SERVICE PROVIDER ORIGINATED OR TERMINATED.

(K) (1) THIS SECTION DOES NOT IMPOSE A DUTY ON AN INTERACTIVE
COMPUTER SERVICE PROVIDER ACTIVELY TO MONITOR ITS SERVICE OR
AFFIRMATIVELY TO SEEK EVIDENCE OF AN ITEM OF CHILD PORNOGRAPHY ON ITS
SERVICE.

(2) THIS SECTION DOES NOT APPLY TO THE INTERACTIVE COMPUTER
SERVICE PROVIDER'S TRANSMISSION OR ROUTING OF, OR INTERMEDIATE

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