Maryland Code § CJ-10-4A-04

Section CJ-10-4A-04
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(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.
(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.
(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.

(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.

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