E1 (8lr0101)

Introduced by Delegates Rosenberg, Barve, Frank, Kopp, Turner, Getty, T.

Murphy, Petzold, and D. Davis

Read and Examined by Proofreaders:

_____________________________________________

Proofreader.

_____________________________________________

Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_____ day of ____________ at ____________________ o'clock, _____M.

_____________________________________________

Speaker.

CHAPTER_______

1 AN ACT concerning

2 Crimes - Electronic Mail Misuse - Penalties

3 FOR the purpose of prohibiting a person from using electronic mail in a certain

4 manner and with a certain intent under certain circumstances; providing a

5 certain exception; providing certain penalties; defining a certain term; and

6 generally relating to the misuse of electronic mail.

7 BY adding to

8 Article 27 - Crimes and Punishments

9 Section 555C to be under the amended subheading "Telephone and Electronic

10 Mail Misuse"

11 Annotated Code of Maryland

12 (1996 Replacement Volume and 1997 Supplement)

13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

14 MARYLAND, That the Laws of Maryland read as follows:

1 Article 27 - Crimes and Punishments

2 Telephone AND ELECTRONIC MAIL Misuse

3 555C.

4 (A) IN THIS SECTION, "ELECTRONIC MAIL" MEANS A COMMUNICATION OR

5 MESSAGE SENT TO A SPECIFIC PERSON OR PERSONS THROUGH THE USE OF A

6 COMPUTER AND INTENDED TO BE RECEIVED BY A COMPUTER THE TRANSMISSION

7 OF INFORMATION OR A COMMUNICATION BY THE USE OF A COMPUTER OR OTHER

8 ELECTRONIC MEANS SENT TO A PERSON IDENTIFIED BY A UNIQUE ADDRESS AND

9 RECEIVED BY THAT PERSON.

10 (B) THIS SECTION DOES NOT APPLY TO ANY PEACEABLE ACTIVITY INTENDED

11 TO EXPRESS POLITICAL VIEWS OR PROVIDE INFORMATION TO OTHERS.

12 (B) (C) A PERSON MAY NOT USE ELECTRONIC MAIL:

13 (1) FOR AN ANONYMOUS COMMUNICATION IF IN A MANNER

14 REASONABLY TO BE EXPECTED TO ANNOY, ABUSE, TORMENT, HARASS, OR

15 EMBARRASS ONE OR MORE PERSONS; OR

16 (2) FOR REPEATED COMMUNICATIONS, IF WITH INTENT TO ANNOY,

17 ABUSE, TORMENT, HARASS, OR EMBARRASS ONE OR MORE PERSONS; OR. FOR A

18 COMMUNICATION MADE WITH INTENT TO HARASS:

19 (1) ONE OR MORE PERSONS; OR

20 (2) BY SENDING LEWD, LASCIVIOUS, OR OBSCENE MATERIAL.

21 (3) FOR ANY COMMENT, REQUEST, SUGGESTION, OR PROPOSAL WHICH

22 IS OBSCENE, LEWD, LASCIVIOUS, FILTHY, OR INDECENT, IF WITH INTENT TO ANNOY,

23 ABUSE, TORMENT, HARASS, OR EMBARRASS ONE OR MORE PERSONS.

24 (C) (D) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A

25 MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $500

26 OR TO IMPRISONMENT FOR NOT MORE THAN 3 YEARS 1 YEAR OR BOTH.

27 (E) IT IS NOT A VIOLATION OF THIS SECTION FOR A PROVIDER OF

28 ELECTRONIC MAIL, ITS OFFICERS, EMPLOYEES, AND AGENTS, LANDLORDS,

29 CUSTODIANS, OR OTHER PERSONS TO PROVIDE INFORMATION, FACILITIES, OR

30 TECHNICAL ASSISTANCE TO PERSONS AUTHORIZED BY FEDERAL OR STATE LAW TO

31 INTERCEPT OR PROVIDE ELECTRONIC MAIL COMMUNICATIONS OR TO CONDUCT

32 ELECTRONIC MAIL SURVEILLANCE, IF THE PROVIDER, ITS OFFICERS, EMPLOYEES,

33 OR AGENTS, LANDLORD, CUSTODIAN, OR OTHER SPECIFIED PERSON HAS BEEN

34 PROVIDED WITH A COURT ORDER SIGNED BY THE AUTHORIZING JUDGE DIRECTING

35 THE PROVISION OF INFORMATION, FACILITIES, OR TECHNICAL ASSISTANCE.

36 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect

37 October 1, 1998.