2018 Maryland Code
Courts and Judicial Proceedings
Title 10 - Evidence
Subtitle 4B - Pen Registers and Trap and Trace Devices
§ 10-4B-02. Installation and use generally

  • (a) Court order required. -- 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 ยง 10-4B-04 of this subtitle.

  • (b) Exceptions. -- 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.

  • (c) Penalty. -- 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.

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