2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5702 - Definitions.

     § 5702.  Definitions.
        As used in this chapter, the following words and phrases
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Aggrieved person."  A person who was a party to any
     intercepted wire, electronic or oral communication or a person
     against whom the interception was directed.
        "Aural transfer."  A transfer containing the human voice at
     any point between and including the point of origin and the
     point of reception.
        "Communication common carrier."  Any person engaged as a
     common carrier for hire, in intrastate, interstate or foreign
     communication by wire or radio or in intrastate, interstate or
     foreign radio transmission of energy; however, a person engaged
     in radio broadcasting shall not, while so engaged, be deemed a
     common carrier.
        "Contents."  As used with respect to any wire, electronic or
     oral communication, is any information concerning the substance,
     purport, or meaning of that communication.
        "Court."  The Superior Court. For the purposes of Subchapter
     C only, the term shall mean the court of common pleas.
        "Electronic communication."  Any transfer of signs, signals,
     writing, images, sounds, data or intelligence of any nature
     transmitted in whole or in part by a wire, radio,
     electromagnetic, photoelectronic or photo-optical system,
     except:
            (1)  (Deleted by amendment).
            (2)  Any wire or oral communication.
            (3)  Any communication made through a tone-only paging
        device.
            (4)  Any communication from a tracking device (as defined
        in this section).
        "Electronic communication service."  Any service which
     provides to users the ability to send or receive wire or
     electronic communications.
        "Electronic communication system."  Any wire, radio,
     electromagnetic, photo-optical or photoelectronic facilities for
     the transmission of electronic communications, and any computer
     facilities or related electronic equipment for the electronic
     storage of such communications.
        "Electronic, mechanical or other device."  Any device or
     apparatus, including, but not limited to, an induction coil or a
     telecommunication identification interception device, that can
     be used to intercept a wire, electronic or oral communication
     other than:
            (1)  Any telephone or telegraph instrument, equipment or
        facility, or any component thereof, furnished to the
        subscriber or user by a provider of wire or electronic
        communication service in the ordinary course of its business,
        or furnished by such subscriber or user for connection to the
        facilities of such service and used in the ordinary course of
        its business, or being used by a communication common carrier
        in the ordinary course of its business, or by an
        investigative or law enforcement officer in the ordinary
        course of his duties.
            (2)  A hearing aid or similar device being used to
        correct subnormal hearing to not better than normal.
            (3)  Equipment or devices used to conduct interceptions
        under section 5704(15) (relating to exceptions to prohibition
        of interception and disclosure of communications).
        "Electronic storage."
            (1)  Any temporary, intermediate storage of a wire or
        electronic communication incidental to the electronic
        transmission thereof.
            (2)  Any storage of such a communication by an electronic
        communication service for purpose of backup protection of the
        communication.
        "Home."  The residence of a nonconsenting party to an
     interception, provided that access to the residence is not
     generally permitted to members of the public and the party has a
     reasonable expectation of privacy in the residence under the
     circumstances.
        "In-progress trace."  The determination of the origin of a
     telephonic communication to a known telephone during an
     interception.
        "Intercept."  Aural or other acquisition of the contents of
     any wire, electronic or oral communication through the use of
     any electronic, mechanical or other device. The term shall
     include the point at which the contents of the communication are
     monitored by investigative or law enforcement officers.
        "Investigative or law enforcement officer."  Any officer of
     the United States, of another state or political subdivision
     thereof or of the Commonwealth or political subdivision thereof,
     who is empowered by law to conduct investigations of or to make
     arrests for offenses enumerated in this chapter or an equivalent
     crime in another jurisdiction, and any attorney authorized by
     law to prosecute or participate in the prosecution of such
     offense.
        "Judge."  When referring to a judge authorized to receive
     applications for, and to enter, orders authorizing interceptions
     of wire, electronic or oral communications pursuant to
     Subchapter B (relating to wire, electronic or oral
     communication), any judge of the Superior Court.
        "One call system."  A communication system established by
     users to provide a single telephone number for contractors or
     designers or any other person to call notifying users of the
     caller's intent to engage in demolition or excavation work.
        "Oral communication."  Any oral communication uttered by a
     person possessing an expectation that such communication is not
     subject to interception under circumstances justifying such
     expectation. The term does not include any electronic
     communication.
        "Organized crime."
            (1)  The unlawful activity of an association trafficking
        in illegal goods or services, including but not limited to,
        gambling, prostitution, loan sharking, controlled substances,
        labor racketeering, or other unlawful activities; or
            (2)  any continuing criminal conspiracy or other unlawful
        practice which has as its objective:
                (i)  large economic gain through fraudulent or
            coercive practices; or
                (ii)  improper governmental influence.
        "Pen register."  A device which is used to capture, record or
     decode electronic or other impulses which identify the numbers
     dialed or otherwise transmitted, with respect to wire or
     electronic communications, on the targeted telephone. The term
     includes a device which is used to record or decode electronic
     or other impulses which identify the existence of incoming and
     outgoing wire or electronic communications on the targeted
     telephone. The term does not include a device used by a provider
     or customer of a wire or electronic communication service for
     billing, or recording as an incident to billing, for
     communication service provided by the provider, or any device
     used by a provider, or customer of a wire communication service
     for cost accounting or other like purposes in the ordinary
     course of business.
        "Person."  Any employee, or agent of the United States or any
     state or political subdivision thereof, and any individual,
     partnership, association, joint stock company, trust or
     corporation.
        "Readily accessible to the general public."  As used with
     respect to a radio communication, that such communication is
     not:
            (1)  scrambled or encrypted;
            (2)  transmitted using modulation techniques of which the
        essential parameters have been withheld from the public with
        the intention of preserving the privacy of the communication;
            (3)  carried on a subscriber or other signal subsidiary
        to a radio transmission;
            (4)  transmitted over a communication system provided by
        a common carrier, unless the communication is a tone-only
        paging system communication; or
            (5)  transmitted on frequencies allocated under 47 CFR
        Parts 25, 74D, E, F or 94, unless, in the case of a
        communication transmitted on a frequency allocated under Part
        74 which is not exclusively allocated to broadcast auxiliary
        services, the communication is a two-way voice communication
        by radio.
        "Remote computing service."  The provision to the public of
     computer storage or processing services by means of an
     electronic communications system.
        "State."  Any state of the United States, the District of
     Columbia, the Commonwealth of Puerto Rico and any territory or
     possession of the United States.
        "Suspected criminal activity."  A particular offense that has
     been, is or is about to occur as set forth under section
     5709(3)(ii) (relating to application for order), any
     communications to be intercepted as set forth under section
     5709(3)(iii) or any of the criminal activity set forth under
     section 5709(3)(iv) establishing probable cause for the issuance
     of an order.
        "Telecommunication identification interception device."  Any
     equipment or device capable of intercepting any electronic
     communication which contains any electronic serial number,
     mobile identification number, personal identification number or
     other identification number assigned by a telecommunication
     service provider for activation or operation of a
     telecommunication device.
        "Tracking device."  An electronic or mechanical device which
     permits only the tracking of the movement of a person or object.
        "Trap and trace device."  A device which captures the
     incoming electronic or other impulses which identify the
     originating number of an instrument or device from which a wire
     or electronic communication was transmitted.
        "User."  Any person or entity who:
            (1)  uses an electronic communication service; and
            (2)  is duly authorized by the provider of the service to
        engage in the use.
        "Wire communication."  Any aural transfer made in whole or in
     part through the use of facilities for the transmission of
     communication by wire, cable or other like connection between
     the point of origin and the point of reception, including the
     use of such a connection in a switching station, furnished or
     operated by a telephone, telegraph or radio company for hire as
     a communication common carrier. The term includes any electronic
     storage of such communication.
     (Dec. 23, 1981, P.L.593, No.175, eff. 60 days; Oct. 21, 1988,
     P.L.1000, No.115, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff.
     imd.; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)

        2002 Amendment.  Act 162 added the def. of "suspected
     criminal activity."
        1998 Amendment.  Act 19 amended the defs. of "electronic
     communication," "electronic, mechanical or other device,"
     "intercept," "investigative or law enforcement officer,"
     "judge," "pen register" and "wire communication" and added the
     defs. of "home," "state" and "telecommunication identification
     interception device."
        Cross References.  Section 5702 is referred to in sections
     911, 5903 of this title.