5706 - Exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices.

     § 5706.  Exceptions to prohibitions in possession, sale,                distribution, manufacture or advertisement of                electronic, mechanical or other devices.        (a)  Unlawful activities.--It shall not be unlawful under     this chapter for:            (1)  a provider of wire or electronic communication        service or an officer, agent or employee of, or a person        under contract with, such a provider, in the normal course of        the business of providing the wire or electronic        communication service; or            (2)  a person under contract with the United States, the        Commonwealth or a political subdivision thereof, a state or a        political subdivision thereof, or an officer, agent or        employee of the United States, the Commonwealth or a        political subdivision thereof, or a state or a political        subdivision thereof,     to possess, sell, distribute, manufacture, assemble or advertise     an electronic, mechanical or other device, while acting in     furtherance of the appropriate activities of the United States,     the Commonwealth or a political subdivision thereof, a state or     a political subdivision thereof or a provider of wire or     electronic communication service.        (b)  Responsibility.--            (1)  Except as provided under paragraph (2), the Attorney        General and the district attorney or their designees so        designated in writing shall have the sole responsibility to        buy, possess and loan any electronic, mechanical or other        device which is to be used by investigative or law        enforcement officers for purposes of interception as        authorized under section 5704(2), (5) and (12) (relating to        exceptions to prohibition of interception and disclosure of        communications), 5712 (relating to issuance of order and        effect), 5713 (relating to emergency situations) or 5713.1        (relating to emergency hostage and barricade situations).            (2)  The division or bureau or section of the        Pennsylvania State Police responsible for conducting the        training in the technical aspects of wiretapping and        electronic surveillance as required by section 5724 (relating        to training) may buy and possess any electronic, mechanical        or other device which is to be used by investigative or law        enforcement officers for purposes of interception as        authorized under section 5704(2), (5) and (12), 5712, 5713 or        5713.1 for the purpose of training. However, any electronic,        mechanical or other device bought or possessed under this        provision may be loaned to or used by investigative or law        enforcement officers for purposes of interception as        authorized under section 5704(2), (5) and (12), 5712, 5713 or        5713.1 only upon written approval by 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 suspected criminal        activity has been, is or is about to occur.            (3)  With the permission of the Attorney General or a        district attorney who has designated any supervising law        enforcement officer for purposes of interceptions as        authorized under section 5713.1, the law enforcement agency        which employs the supervising law enforcement officer may        buy, possess, loan or borrow any electronic, mechanical or        other device which is to be used by investigative or law        enforcement officers at the direction of the supervising law        enforcement officer solely for the purpose of interception as        authorized under sections 5704(12) and 5713.1.            (4)  The Pennsylvania State Police shall annually        establish equipment standards for any electronic, mechanical        or other device which is to be used by law enforcement        officers for purposes of interception as authorized under        section 5704(16). The equipment standards shall be published        annually in the Pennsylvania Bulletin.     (Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998,     P.L.102, No.19, eff. imd.; June 11, 2002, P.L.367, No.52, eff.     imd.; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)        2002 Amendments.  Act 52 amended subsec. (b) and Act 162     amended subsec. (b)(2).        Cross References.  Section 5706 is referred to in sections     5704, 5705 of this title.