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§ 10-4B-02. Installation and use of device

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 4b. Pen Registers and Trap and TRACE Devices (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 10-4B-02
§ 10-4B-02. Installation and use of device
Currentness
Court order requirement
(a) Except as provided in subsection (b) of this section, a person may not install or use a pen register or a trap and trace device without first obtaining a court order under § 10-4B-04 of this subtitle.
Use of device by service providers
(b) Subsection (a) of this section does not apply to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service:
(1) Relating to the operation, maintenance, and testing of a wire or electronic service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
(2) To record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service, or with the consent of the user of that service.
Fines and penalties
(c) A person who violates subsection (a) of this section, upon conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year, or both.

Credits

Added by Acts 1988, c. 607, § 1, eff. July 1, 1988.
MD Code, Courts and Judicial Proceedings, § 10-4B-02, MD CTS & JUD PRO § 10-4B-02
Current through legislation effective through July 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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