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§ 10-4A-04. Required disclosure of contents

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2014

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 4a. Stored Wire and Electronic Communications and Transactional Records Access (Refs & Annos)
Effective: October 1, 2014
MD Code, Courts and Judicial Proceedings, § 10-4A-04
§ 10-4A-04. Required disclosure of contents
Currentness
Disclosure in accordance with search warrants
(a) An investigative or law enforcement officer may require a provider of wire or electronic communication service to disclose the contents of wire or electronic communication that is in electronic storage in a wire or electronic communications system only in accordance with a search warrant issued by a court of competent jurisdiction.
Records or other information
(b)(1)(i) In this subsection, “record or other information” includes name, address, local and long distance telephone connection records, or records of session times and durations, length of service (including start date) and types of service utilized, telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address, and means and source of payment for such service, including any credit card or bank account number.
(ii) “Record or other information” does not include the contents of communications to which subsection (a) of this section applies.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, a provider of electronic communications service or remote computing service may disclose a record or other information pertaining to a subscriber to or a customer of the service to any person other than an investigative or law enforcement officer.
(ii) A provider of electronic communications service or remote computing service shall disclose a record or other information pertaining to a subscriber to or a customer of the service to an investigative or law enforcement officer only if the officer:
1. Uses a subpoena issued by a court of competent jurisdiction, a State grand jury subpoena, or a subpoena authorized under § 15-108 of the Criminal Procedure Article;
2. Obtains a warrant from a court of competent jurisdiction;
3. Obtains a court order requiring the disclosure under subsection (c) of this section; or
4. Has the consent of the subscriber or customer to the disclosure.
(3) An investigative or law enforcement officer receiving records or information under this subsection is not required to provide notice to a subscriber or customer.
Court orders requiring disclosure
(c)(1) A court of competent jurisdiction may issue an order requiring disclosure under subsection (b) of this section only if the investigative or law enforcement officer shows that there is reason to believe the records or other information sought are relevant to a legitimate law enforcement inquiry.
(2) A court issuing an order under this section may quash or modify the order, on a motion made promptly by the service provider, if the information or records requested are unusually voluminous in nature or if compliance with the order otherwise would cause an undue burden on the provider.
Causes of action for providing information, facilities, or assistance
(d) Nothing in this subtitle may be construed as creating a cause of action against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under this subtitle.

Credits

Added by Acts 1988, c. 607, § 1, eff. July 1, 1988. Amended by Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 1989, c. 443, § 1, eff. July 1, 1989; Acts 2002, c. 100, § 1, eff. April 25, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2008, c. 13, § 1, eff. Oct. 1, 2008; Acts 2014, c. 45, § 5; Acts 2014, c. 242, § 1, eff. Oct. 1, 2014.
MD Code, Courts and Judicial Proceedings, § 10-4A-04, MD CTS & JUD PRO § 10-4A-04
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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