18 Pa.C.S. § 5704
§ 5704. Exceptions to prohibition of interception and disclosure of communications
It shall not be unlawful and no prior court approval shall be required under this chapter for:
(1)
An operator of a switchboard, or an officer, agent or employee of a provider of wire or electronic
communication service, whose facilities are used in the transmission of a wire communication, to intercept,
disclose or use that communication in the normal course of his employment while engaged in any activity which
is a necessary incident to the rendition of his service or to the protection of the rights or property of the
provider of wire or electronic communication service. However, no provider of wire or electronic communication
service shall utilize service observing or random monitoring except for mechanical or service quality control
checks.
(2)
Any investigative or law enforcement officer or any person acting at the direction or request of an
investigative or law enforcement officer to intercept a wire, electronic or oral communication involving
suspected criminal activities, including, but not limited to, the crimes enumerated in section 5708 (relating
to order authorizing interception of wire, electronic or oral communications), where:
(ii)
one of the parties to the communication has given prior consent to such interception. However, no
interception under this paragraph shall be made unless the Attorney General or a deputy attorney general
designated in writing by the Attorney General, or the district attorney, or an assistant district attorney
designated in writing by the district attorney, of the county wherein the interception is to be made, has
reviewed the facts and is satisfied that the consent is voluntary and has given prior approval for the
interception; however such interception shall be subject to the recording and record keeping requirements of
section 5714(a) (relating to recording of intercepted communications) and that the Attorney General, deputy
attorney general, district attorney or assistant district attorney authorizing the interception shall be the
custodian of recorded evidence obtained therefrom;
(iii)
the investigative or law enforcement officer meets in person with a suspected felon and wears a
concealed electronic or mechanical device capable of intercepting or recording oral communications. However,
no interception under this subparagraph may be used in any criminal prosecution except for a prosecution
involving harm done to the investigative or law enforcement officer. This subparagraph shall not be construed
to limit the interception and disclosure authority provided for in this subchapter; or
(iv)
the requirements of this subparagraph are met. If an oral interception otherwise authorized under
this paragraph will take place in the home of a nonconsenting party, then, in addition to the requirements of
subparagraph (ii), the interception shall not be conducted until an order is first obtained from the president
judge, or his designee who shall also be a judge, of a court of common pleas, authorizing such in-home
interception, based upon an affidavit by an investigative or law enforcement officer that establishes probable
cause for the issuance of such an order. No such order or affidavit shall be required where probable cause and
exigent circumstances exist. For the purposes of this paragraph, an oral interception shall be deemed to take
place in the home of a nonconsenting party only if both the consenting and nonconsenting parties are
physically present in the home at the time of the interception.
(3)
Police and emergency communications systems to record telephone communications coming into and going
out of the communications system of the Pennsylvania Emergency Management Agency or a police department, fire
department or county emergency center, if:
(i)
the telephones thereof are limited to the exclusive use of the communication system for
administrative purposes and provided the communication system employs a periodic warning which indicates to
the parties to the conversation that the call is being recorded;
(ii)
all recordings made pursuant to this clause, all notes made therefrom, and all transcriptions
thereof may be destroyed at any time, unless required with regard to a pending matter; and
(iii)
at least one nonrecorded telephone line is made available for public use at the Pennsylvania
Emergency Management Agency and at each police department, fire department or county emergency center.
(4)
A person, to intercept a wire, electronic or oral communication, where all parties to the communication
have given prior consent to such interception.
(5)
Any investigative or law enforcement officer, or communication common carrier acting at the direction
of an investigative or law enforcement officer or in the normal course of its business, to use a pen register,
trap and trace device, or telecommunication identification interception device as provided in Subchapter E
(relating to pen registers, trap and trace devices and telecommunication identification interception devices).
(6)
Personnel of any public utility to record telephone conversations with utility customers or the general
public relating to receiving and dispatching of emergency and service calls provided there is, during such
recording, a periodic warning which indicates to the parties to the conversation that the call is being
recorded.
(7)
A user, or any officer, employee or agent of such user, to record telephone communications between
himself and a contractor or designer, or any officer, employee or agent of such contractor or designer,
pertaining to excavation or demolition work or other related matters, if the user or its agent indicates to
the parties to the conversation that the call will be or is being recorded. As used in this paragraph, the
terms "user," "contractor," "demolition work," "designer" and "excavation work" shall have the meanings given
to them in the act of December 10, 1974 (P.L. 852, No. 287), referred to as the Underground Utility Line
Protection Law; and a one call system shall be considered for this purpose to be an agent of any user which is
a member thereof.
(8)
A provider of electronic communication service 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 or electronic communication, or a user of that service, from fraudulent,
unlawful or abusive use of the service.
(9)
A person or entity providing electronic communication service to the public to divulge the contents of
any such communication:
(i)
as otherwise authorized in this section or section 5717 (relating to investigative disclosure or use
of contents of wire, electronic or oral communications or derivative evidence);
(ii)
with the lawful consent of the originator or any addressee or intended recipient of the
communication;
(iii)
to a person employed or authorized, or whose facilities are used, to forward the communication to
its destination; or
(iv)
which were inadvertently obtained by the service provider and which appear to pertain to the
commission of a crime, if such divulgence is made to a law enforcement agency.
A person or entity providing electronic communication service to the public shall not intentionally divulge
the contents of any communication (other than one directed to the person or entity, or an agent thereof) while
in transmission of that service to any person or entity other than an addressee or intended recipient of the
communication or an agent of the addressee or intended recipient.
(10)
Any person:
(i)
to intercept or access an electronic communication made through an electronic communication system
configured so that the electronic communication is readily accessible to the general public;
(ii)
to intercept any radio communication which is transmitted:
(A)
by a station for the use of the general public, or which relates to ships, aircraft, vehicles or
persons in distress;
(B)
by any governmental, law enforcement, civil defense, private land mobile or public safety
communication system, including police and fire systems, readily accessible to the general public;
(C)
by a station operating on an authorized frequency within the bands allocated to the amateur,
citizens band or general mobile radio services; or
(D)
by any marine or aeronautical communication system;
(iii)
to engage in any conduct which:
(a)
is prohibited by section 633 of the Communications Act of 1934 (48 Stat. 1105, 47 U.S.C. § 553);
or
(b)
is excepted from the application of section 705(a) of the Communications Act of 1934 (47 U.S.C. §
605(a)) by section 705(b) of that act (47 U.S.C. § 605(b)); or
(iv)
to intercept any wire or electronic communication the transmission of which is causing harmful
interference to any lawfully operating station, to the extent necessary to identify the source of the
interference.
(11)
Other users of the same frequency to intercept any radio communication made through a system which
utilizes frequencies monitored by individuals engaged in the provisions or use of the system, if the
communication is not scrambled or encrypted.
(12)
Any investigative or law enforcement officer or any person acting at the direction or request of an
investigative or law enforcement officer to intercept a wire or oral communication involving suspected
criminal activities where the officer or the person is a party to the communication and there is reasonable
cause to believe that:
(i)
the other party to the communication is either:
(A)
holding a hostage; or
(B)
has barricaded himself and taken a position of confinement to avoid apprehension; and
(ii)
that party:
(A)
will resist with the use of weapons; or
(B)
is threatening suicide or harm to others.
(13)
An investigative officer, a law enforcement officer or employees of the Department of Corrections for
State correctional facilities to intercept, record, monitor or divulge any telephone calls from or to an
inmate in a facility under the following conditions:
(i)
The Department of Corrections shall adhere to the following procedures and restrictions when
intercepting, recording, monitoring or divulging any telephone calls from or to an inmate in a State
correctional facility as provided for by this paragraph:
(A)
Before the implementation of this paragraph, all inmates of the facility shall be notified in
writing that, as of the effective date of this paragraph, their telephone conversations may be intercepted,
recorded, monitored or divulged.
(B)
Unless otherwise provided for in this paragraph, after intercepting or recording a telephone
conversation, only the superintendent, warden or a designee of the superintendent or warden or other chief
administrative official or his or her designee shall have access to that recording.
(C)
The contents of an intercepted and recorded telephone conversation shall be divulged only as is
necessary to safeguard the orderly operation of the facility, in response to a court order or in the
prosecution or investigation of any crime.
(ii)
So as to safeguard the attorney-client privilege, the Department of Corrections shall not intercept,
record, monitor or divulge any conversation between an inmate and an attorney.
(iii)
Persons who are calling in to a facility to speak to an inmate shall be notified that the call may
be recorded or monitored.
(iv)
The Department of Corrections shall promulgate guidelines to implement the provisions of this
paragraph for State correctional facilities.
(14)
An investigative officer, a law enforcement officer or employees of a county correctional facility to
intercept, record, monitor or divulge any telephone calls from or to an inmate in a facility under the
following conditions:
(i)
The county correctional facility shall adhere to the following procedures and restrictions when
intercepting, recording, monitoring or divulging any telephone calls from or to an inmate in a county
correctional facility as provided for by this paragraph:
(A)
Before the implementation of this paragraph, all inmates of the facility shall be notified in
writing that, as of the effective date of this paragraph, their telephone conversations may be intercepted,
recorded, monitored or divulged.
(B)
Unless otherwise provided for in this paragraph, after intercepting or recording a telephone
conversation, only the superintendent, warden or a designee of the superintendent or warden or other chief
administrative official or his or her designee shall have access to that recording.
(C)
The contents of an intercepted and recorded telephone conversation shall be divulged only as is
necessary to safeguard the orderly operation of the facility, in response to a court order or in the
prosecution or investigation of any crime.
(ii)
So as to safeguard the attorney-client privilege, the county correctional facility shall not
intercept, record, monitor or divulge any conversation between an inmate and an attorney.
(iii)
Persons who are calling into a facility to speak to an inmate shall be notified that the call may
be recorded or monitored.
(iv)
The superintendent, warden or a designee of the superintendent or warden or other chief
administrative official of the county correctional system shall promulgate guidelines to implement the
provisions of this paragraph for county correctional facilities.
(15)
The personnel of a business engaged in telephone marketing or telephone customer service by means of
wire, oral or electronic communication to intercept such marketing or customer service communications where
such interception is made for the sole purpose of training, quality control or monitoring by the business,
provided that one party involved in the communications has consented to such intercept. Any communications
recorded pursuant to this paragraph may only be used by the business for the purpose of training or quality
control. Unless otherwise required by Federal or State law, communications recorded pursuant to this paragraph
shall be destroyed within one year from the date of recording.
(16)
A law enforcement officer, whether or not certified under section 5724 (relating to training), acting
in the performance of his official duties to intercept and record an oral communication between individuals in
accordance with the following:
(i)
At the time of the interception, the oral communication does not occur inside the residence of any of
the individuals.
(ii)
At the time of the interception, the law enforcement officer:
(A)
is operating the visual or audible warning system of the law enforcement officer's vehicle
authorized by 75 Pa.C.S. § 4571 (relating to visual and audible signals on emergency vehicles) or is clearly
identifiable as a law enforcement officer;
(B)
is in close proximity to the individuals' oral communication;
(C)
is using an electronic, mechanical or other device which has been approved under section 5706(b)
(4)(relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of
electronic, mechanical or other devices) to intercept the oral communication, the recorder of which is mounted
in the law enforcement officer's vehicle; and
(D)
informs, as soon as reasonably practicable, the individuals identifiably present that he has
intercepted and recorded the oral communication.
(iii)
As used in this paragraph, the following words and phrases shall have the meanings given to them in
this subparagraph:
"Law enforcement officer." A member of the Pennsylvania State Police or an individual employed as a
police officer who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police
education and training).
"Recorder." An electronic, mechanical or other device used to store an oral communication on tape or on
some other comparable medium.
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