2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5771 - General prohibition on use of certain devices and exception.

                               SUBCHAPTER E
                  PEN REGISTERS, TRAP AND TRACE DEVICES
                   AND TELECOMMUNICATION IDENTIFICATION
                           INTERCEPTION DEVICES

     Sec.
     5771.  General prohibition on use of certain devices and
            exception.
     5772.  Application for an order for use of certain devices.
     5773.  Issuance of an order for use of certain devices.
     5774.  Assistance in installation and use of certain devices.
     5775.  Reports concerning certain devices.

        Enactment.  Subchapter E was added October 21, 1988,
     P.L.1000, No.115, effective immediately.
        Subchapter Heading.  The heading of Subchapter E was amended
     February 18, 1998, P.L.102, No.19, effective immediately.
        Cross References.  Subchapter E is referred to in section
     5704 of this title.
     § 5771.  General prohibition on use of certain devices and
                exception.
        (a)  General rule.--Except as provided in this section, no
     person may install or use a pen register or a trap and trace
     device or a telecommunication identification interception device
     without first obtaining a court order under section 5773
     (relating to issuance of an order for use of certain devices).
        (b)  Exception.--The prohibition of subsection (a) does not
     apply with respect to the use of a pen register, a trap and
     trace device or a telecommunication identification interception
     device by a provider of electronic or wire communication
     service:
            (1)  relating to the operation, maintenance and testing
        of a wire or electronic communication service or to the
        protection of the rights or property of the provider, or to
        the protection of users of the service from abuse of service
        or unlawful use of service;
            (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 the service
        from fraudulent, unlawful or abusive use of service; or
            (3)  with the consent of the user of the service.
        (b.1)  Limitation.--A government agency authorized to install
     and use a pen register under this chapter shall use technology
     reasonably available to it that restricts the recording or
     decoding of electronic or other impulses to the dialing and
     signaling information utilized in call processing.
        (c)  Penalty.--Whoever intentionally and knowingly violates
     subsection (a) is guilty of a misdemeanor of the third degree.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)

        Cross References.  Section 5771 is referred to in section
     5773 of this title.