§ 5743. Requirements for governmental access
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: December 24, 2012
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article F. Offenses Against Public Order and Decency
Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
Subchapter C. Stored Wire and Electronic Communications and Transactional Records Access
Effective: December 24, 2012
18 Pa.C.S.A. § 5743
§ 5743. Requirements for governmental access
except that delayed notice may be given pursuant to section 5745 (relating to delayed notice).
(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:
(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.
Credits
1988, Oct. 21, P.L. 1000, No. 115, § 8, imd. effective. Amended 1998, Feb. 18, P.L. 102, No. 19, § 12, imd. effective; 2008, Oct. 9, P.L. 1403, No. 111, § 3, effective in 60 days [Dec. 8, 2008]; 2012, Oct. 25, P.L. 1634, No. 202, § 8, effective in 60 days [Dec. 24, 2012].
18 Pa.C.S.A. § 5743, PA ST 18 Pa.C.S.A. § 5743
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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