§ 10-4A-04. Disclosure of information

   (a) Contents of communications to investigative or law enforcement officers -- By electronic communication service. --

   (1) 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 for 180 days or less, only in accordance with a search warrant issued by a court of competent jurisdiction.

   (2) An investigative or law enforcement officer may require a provider of wire or electronic communications services to disclose the contents of wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days in accordance with the procedures provided under subsection (b) of this section.

(b) Contents of communications to investigative or law enforcement officers -- By remote computing service. --

   (1) An investigative or law enforcement officer may require a provider of remote computing service to disclose the contents of wire or electronic communication to which this paragraph applies under paragraph (2) of this subsection:

      (i) Without notice to the subscriber or customer, if the officer obtains a search warrant issued by a court of competent jurisdiction; or

      (ii) With prior notice from the officer to the subscriber or customer, if the officer:

         1. Uses a grand jury subpoena; or

         2. Obtains a court order requiring the disclosure under subsection (d) of this section.

   (2) Paragraph (1) of this subsection applies to any wire or electronic communication that is held or maintained on a remote computing service:

      (i) On behalf of, and received by means of electronic transmission from, or created by means of computer processing of communications received by means of electronic transmission from, a subscriber or customer of the remote computing service; and

      (ii) Solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of any communication for purposes of providing any services other than storage or computer processing.

(c) Records or other information. --

   (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 subsections (a) and (b) of this section apply.

   (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 (d) 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.

(d) Court orders. --

   (1) A court of competent jurisdiction may issue an order requiring disclosure under subsection (b) or (c) of this section only if the investigative or law enforcement officer shows that there is reason to believe the contents of a wire or electronic communication, or 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.

(e) Causes of action. -- 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.

HISTORY: 1988, ch. 607; 1989, ch. 5, § 1; ch. 443; 2002, ch. 19, § 10; ch. 100, § 1; 2003, ch. 21, § 1; 2008, ch. 13.