Section 65.61. Order: In General. Notice of Confidentiality

Section 5710 of the Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5710 provides that upon consideration of the application, the Court may enter an ex parte order authorizing interception anywhere in the Commonwealth.

All proposed orders shall include, on the first page, the following notice of confidentiality to third parties:

WIRETAP CONFIDENTIALITY NOTICE

You have been served with an intercept order pursuant to Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § § 5701—5781 (the ‘‘Wiretap Act’’).

In order to implement wiretaps and electronic surveillance authorized by intercept orders, the assistance of third parties, those outside of law enforcement, is often required. You have been made aware of an intercept order because your assistance is required to facilitate wiretapping or other surveillance in an on-going criminal investigation.

This is a very serious and highly confidential matter and must be treated with the utmost care and discretion. Except as specifically authorized under the Wiretap Act, IT IS A CRIME TO WILLFULLY USE OR DISCLOSE THE EXISTENCE OF AN INTERCEPT ORDER. SUCH USE OR DISCLOSURE IS PUNISHABLE BY IMPRISONMENT OF UP TO 2 YEARS, AND A FINE OF UP TO $5,000.

The Wiretap Act provides as follows:

§ 5719. Unlawful use or disclosure of existence of order concerning intercepted communication

Except as specifically authorized pursuant to this subchapter any person who willfully uses or discloses the existence of an order authorizing interception of a wire, electronic or oral communication is guilty of a misdemeanor of the second degree.

(A misdemeanor of the second degree is punishable by imprisonment of up to two years, 18 Pa.C.S. § 1104, and a fine of up to $5,000, id. § 1101.)

See also 18 Pa.C.S. § § 5725, 5726 and 5717.

The provisions of this § 65.59 adopted August 23, 2002, effective September 3, 2002, 32 Pa.B. 4122; renumbered as § 65.61 and amended June 10, 2015, effective June 10, 2015, 45 Pa.B. 5906. Immediately preceding text appears at serial pages (373771) to (373772).