Ch. 157

2004 LAWS OF MARYLAND

7-101.

(3) (I) (E) (1) "INTERACTIVE COMPUTER SERVICE" MEANS AN
INFORMATION SERVICE, SYSTEM, OR ACCESS SOFTWARE PROVIDER THAT PROVIDES
OR ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A COMPUTER SERVER

(II) (2) "INTERACTIVE COMPUTER SERVICE" INCLUDES A
SERVICE OR SYSTEM THAT PROVIDES ACCESS TO THE INTERNET.

(B) A PERSON MAY NOT KNOWINGLY AND WILLFULLY USE ELECTRONIC
COMMUNICATION THROUGH AN INTERNET AUCTION LISTING SERVICE OR AN
INTERACTIVE COMPUTER SERVICE;

(1) WITH AN INTENT TO DEFRAUD AN INDIVIDUAL OF MONEY, GOODS,
SERVICES, OR ANYTHING OF VALUE; OR

(2) TO EXERT CONTROL OVER OR OBTAIN AN INDIVIDUAL'S MONEY,
GOODS, SERVICES, OR ANYTHING OF VALUE BY MEANS OF DECEPTION.

(C) (1) IF THE VALUE OF ALL MONEY, GOODS, SERVICES, AND OTHER
THINGS OF VALUE OBTAINED IN VIOLATION OF THIS SECTION EXCEEDS $500, A
PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON CONVICTION
IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 15 YEARS OR A FINE NOT
EXCEEDING $10,000 OR BOTH.

(2)      IF THE VALUE OF ALL MONEY, GOODS, SERVICES, AND OTHER
THINGS OF VALUE OBTAINED IN VIOLATION OF THIS SECTION DOES NOT EXCEED
$500, A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING IS MONTHS OR A
FINE NOT EXCEEDING $500 OR BOTH.

7-104.

(D) (J) A PERSON WHO VIOLATES THIS SECTION BY USE OF AN INTERACTIVE
COMPUTER SERVICE MAY BE PROSECUTED, INDICTED, TRIED, AND CONVICTED IN
ANY COUNTY OR STATE IN WHICH THE VICTIM RESIDES OR THE ELECTRONIC
COMMUNICATION ORIGINATED OR TERMINATED.

(E) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION, THIS SECTION
DOES NOT APPLY TO THE PERSON WHO PROVIDES THE INTERNET AUCTION LISTING
SERVICE IF THE PERSON DOES NOT EXAMINE, SET THE PRICE, OR PREPARE THE
DESCRIPTION OF THE PERSONAL PROPERTY OR SERVICE TO BE OFFERED THROUGH
THE LISTING SERVICE.

(F) A PERSON WHO PROVIDES AN INTERNET AUCTION LISTING SERVICE
SHALL:

(1)      REQUIRE A SELLER OR BIDDER TO REGISTER WITH THE WEBSITE
AND PROVIDE THE SELLER'S OR BIDDER'S NAME, ADDRESS, TELEPHONE NUMBER,
AND ELECTRONIC MAIL ADDRESS;

(2) RETAIN A SELLER'S OR BIDDER'S REGISTRATION INFORMATION FOR
A PERIOD OF AT LEAST 2 YEARS;

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