H1664B4341A09678 BIL:SRA 10/06/08 #90 A09678
AMENDMENTS TO HOUSE BILL NO. 1664
Sponsor: SENATOR RAFFERTY
Printer's No. 4341
1 Amend Title, page 1, line 3, by removing the period after
2 "property" and inserting
3 ; and, in wiretapping and electronic surveillance,
4 further providing for disclosure of contents and for
5 expiration of chapter.
6 Amend Bill, page 2, by inserting between lines 10 and 11
7 Section 2. Section 5742 heading and (a) introductory
8 paragraph of Title 18 are amended, subsection (a) is amended by
9 adding a paragraph and the section is amended by adding
10 subsections to read:
11 § 5742. Disclosure of contents and records.
12 (a) Prohibitions.--Except as provided in subsection (b) and
13 (c):
14 * * *
15 (3) A person or entity providing an electronic
16 communication service or remote computing service to the
17 public shall not knowingly divulge a record or other
18 information pertaining to a subscriber to, or customer of,
19 the service.
20 * * *
21 (c) Exceptions for disclosure of records or other
22 information.--A person or entity may divulge a record or other
23 information pertaining to a subscriber to, or customer of, the
24 service if any of the following paragraphs apply:
25 (1) A record or other information may be divulged
26 incident to any service or other business operation or to the
27 protection of the rights or property of the provider.
28 (2) A record or other information may be divulged to any
29 of the following:
30 (i) An investigative or law enforcement official as
31 authorized in section 5743.
32 (ii) The subscriber or customer upon request.
33 (iii) A third party, upon receipt from the requester
34 of adequate proof of lawful consent from the subscriber
35 to, or customer of, the service to release the
36 information to the third party.
37 (iv) A party to a legal proceeding, upon receipt
38 from the party of a court order entered under subsection
39 (c.1). This subparagraph does not apply to an
40 investigative or law enforcement official authorized
1 under section 5743.
2 (3) Notwithstanding paragraph (2), a record or other
3 information may be divulged as authorized by a Commonwealth
4 statute or as authorized by a Commonwealth regulatory agency
5 with oversight over the person or entity.
6 (4) Subject to paragraph (2), a record or other
7 information may be divulged as authorized by Federal law or
8 as authorized by a Federal regulatory agency having oversight
9 over the person or entity.
10 (c.1) Order for release of records.--
11 (1) An order to divulge a record or other information
12 pertaining to a subscriber or customer under subsection
13 (c)(2)(iv) must be approved by a court presiding over the
14 proceeding in which a party seeks the record or other
15 information.
16 (2) The order may be issued only after the subscriber or
17 customer received notice from the party seeking the record or
18 other information and was given an opportunity to be heard.
19 (3) The court may issue a preliminary order directing
20 the provider to furnish the court with the identity of or
21 contact information for the subscriber or customer if the
22 party does not possess this information.
23 (4) An order for disclosure of a record or other
24 information shall be issued only if the party seeking
25 disclosure demonstrates specific and articulable facts to
26 show that there are reasonable grounds to believe that the
27 record or other information sought is relevant and material
28 to the proceeding. In making its determination, the court
29 shall consider the totality of the circumstances, including
30 input of the subscriber or customer, if any, and the likely
31 impact of the provider.
32 Section 3. Sections 5743(c)(1), 5746(a), 5761(b) and 5781 of
33 Title 18 are amended to read:
34 § 5743. Requirements for governmental access.
35 * * *
36 (c) Records concerning electronic communication service or
37 remote computing service.--
38 [(1) Except as provided in paragraph (2), a provider of
39 electronic communication service or remote computing service
40 may disclose a record or other information pertaining to a
41 subscriber to or customer of the service, not including the
42 contents of communication covered by subsection (a) or (b),
43 to any person other than an investigative or law enforcement
44 officer.]
45 * * *
46 § 5746. Cost reimbursement.
47 (a) Payment.--Except as otherwise provided in subsection
48 (c), an investigative or law enforcement officer obtaining the
49 contents of communications, records or other information under
50 section 5742 (relating to disclosure of contents and records),
51 5743 (relating to requirements for governmental access) or 5744
52 (relating to backup preservation) shall reimburse the person or
53 entity assembling or providing the information for such costs as
54 are reasonably necessary and which have been directly incurred
55 in searching for, assembling, reproducing and otherwise
56 providing the information. Reimbursable costs shall include any
57 costs due to necessary disruption of normal operations of any
58 electronic communication service or remote computing service in
59 which the information may be stored.
HB1664A09678 - 2 -
1 * * *
2 § 5761. Mobile tracking devices.
3 * * *
4 (b) Jurisdiction.--Orders permitted by this section may
5 authorize the use of mobile tracking devices within the
6 jurisdiction of the court of common pleas, and outside that
7 jurisdiction [but within this Commonwealth], if the device is
8 installed within the jurisdiction of the court of common pleas.
9 * * *
10 § 5781. Expiration of chapter.
11 This chapter expires December 31, [2008] 2013, unless
12 extended by statute.
13 Amend Sec. 2, page 2, line 11, by striking out all of said
14 line and inserting
15 Section 4. This act shall take effect as follows:
16 (1) This section shall take effect immediately.
17 (2) The amendment of 18 Pa.C.S. § 5781 shall take effect
18 immediately.
19 (3) The remainder of this act shall take effect in 60
20 days.
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