2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5743 - Requirements for governmental access.

     § 5743.  Requirements for governmental access.
        (a)  Contents of electronic communications in electronic
     storage.--Investigative or law enforcement officers may require
     the disclosure by a provider of electronic communication service
     of the contents of an electronic communication which is in
     electronic storage in an electronic communication system for:
            (1)  One hundred eighty days or less only pursuant to a
        warrant issued under the Pennsylvania Rules of Criminal
        Procedure.
            (2)  More than 180 days by the means available under
        subsection (b).
        (b)  Contents of electronic communications in a remote
     computing service.--
            (1)  Investigative or law enforcement officers may
        require a provider of remote computing service to disclose
        the contents of any electronic communication to which this
        paragraph is made applicable by paragraph (2):
                (i)  without required notice to the subscriber or
            customer if the investigative or law enforcement officer
            obtains a warrant issued under the Pennsylvania Rules of
            Criminal Procedure; or
                (ii)  with prior notice from the investigative or law
            enforcement officer to the subscriber or customer if the
            investigative or law enforcement officer:
                    (A)  uses an administrative subpoena authorized
                by a statute or a grand jury subpoena; or
                    (B)  obtains a court order for the disclosure
                under subsection (d);
        except that delayed notice may be given pursuant to section
        5745 (relating to delayed notice).
            (2)  Paragraph (1) is applicable with respect to an
        electronic communication which is held or maintained on that
        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.
                (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 such communication for the purpose of
            providing any services other than storage or computer
            processing.
        (c)  Records concerning electronic communication service or
     remote computing service.--
            (1)  (Deleted by amendment).
            (2)  A provider of electronic communication service or
        remote computing service shall disclose a record or other
        information pertaining to a subscriber to or customer of the
        service, not including the contents of communications covered
        by subsection (a) or (b), to an investigative or law
        enforcement officer only when the investigative or law
        enforcement officer:
                (i)  uses an administrative subpoena authorized by a
            statute or a grand jury subpoena;
                (ii)  obtains a warrant issued under the Pennsylvania
            Rules of Criminal Procedure;
                (iii)  obtains a court order for the disclosure under
            subsection (d); or
                (iv)  has the consent of the subscriber or customer
            to the disclosure.
            (3)  An investigative or law enforcement officer
        receiving records or information under paragraph (2) is not
        required to provide notice to the customer or subscriber.
        (d)  Requirements for court order.--A court order for
     disclosure under subsection (b) or (c) shall be issued only if
     the investigative or law enforcement officer shows that there
     are specific and articulable facts showing that there are
     reasonable grounds to believe that the contents of a wire or
     electronic communication, or the records or other information
     sought, are relevant and material to an ongoing criminal
     investigation. A court issuing an order pursuant to this
     section, on a motion made promptly by the service provider, may
     quash or modify the order if the information or records
     requested are unusually voluminous in nature or compliance with
     the order would otherwise cause an undue burden on the provider.
        (e)  No cause of action against a provider disclosing
     information under this subchapter.--No cause of action shall lie
     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 subchapter.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 9, 2008,
     P.L.1403, No.111, eff. imd.)

        2008 Amendment.  Act 111 deleted subsec. (c)(1).
        1998 Amendment.  Act 19 amended subsecs. (d) and (e).
        Cross References.  Section 5743 is referred to in sections
     5712, 5741, 5742, 5744, 5745, 5746, 5747 of this title.