Privacy Law Library

Maryland Stored Wire and Electronic Communications and Transactional Records Access

MD Stored Communications Act

Communications

Maryland's counterpart to the federal Stored Communications Act makes it a crime to access a communications facility without authorization to obtain, alter, or block stored messages. It also bars public communication and remote computing service providers from knowingly disclosing stored message contents except to recipients, with consent, or as the subtitle allows, and it gives aggrieved users a civil remedy.

Where

Maryland

Citation

Md. Code, Cts. & Jud. Proc. §§ 10-4A-01 to 10-4A-08

Status

In force

Enforced by

State's Attorneys (criminal); private civil action by aggrieved providers, subscribers, or customers (10-4A-08)

People can sue

Yes

Penalties

Unauthorized access to stored communications is punishable by up to $250,000 and 1 year (2 years for repeat offenses) when done for commercial advantage, malicious damage, or private gain, and otherwise by up to $5,000 and 6 months (10-4A-02(b)). Civil plaintiffs recover actual damages plus violator profits, at least $1,000, equitable relief, and attorney's fees (10-4A-08).

Applies to

• Any person who accesses a facility through which an electronic communication service is provided (10-4A-02)
• Providers of electronic communication service or remote computing service to the public (10-4A-03)