5743 - Requirements for governmental access.
§ 5743. Requirements for governmental access. (a) Contents of electronic communications in electronic storage.--Investigative or law enforcement officers may require the disclosure by a provider of electronic communication service of the contents of an electronic communication which is in electronic storage in an electronic communication system for: (1) One hundred eighty days or less only pursuant to a warrant issued under the Pennsylvania Rules of Criminal Procedure. (2) More than 180 days by the means available under subsection (b). (b) Contents of electronic communications in a remote computing service.-- (1) Investigative or law enforcement officers may require a provider of remote computing service to disclose the contents of any electronic communication to which this paragraph is made applicable by paragraph (2): (i) without required notice to the subscriber or customer if the investigative or law enforcement officer obtains a warrant issued under the Pennsylvania Rules of Criminal Procedure; or (ii) with prior notice from the investigative or law enforcement officer to the subscriber or customer if the investigative or law enforcement officer: (A) uses an administrative subpoena authorized by a statute or a grand jury subpoena; or (B) obtains a court order for the disclosure under subsection (d); except that delayed notice may be given pursuant to section 5745 (relating to delayed notice). (2) Paragraph (1) is applicable with respect to an electronic communication which is held or maintained on that service: (i) On behalf of and received by means of electronic transmission from, or created by means of computer processing of communications received by means of electronic transmission from, a subscriber or customer of the remote computing service. (ii) Solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of any such communication for the purpose of providing any services other than storage or computer processing. (c) Records concerning electronic communication service or remote computing service.-- (1) (Deleted by amendment). (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: (i) uses an administrative subpoena authorized by a statute or a grand jury subpoena; (ii) obtains a warrant issued under the Pennsylvania Rules of Criminal Procedure; (iii) obtains a court order for the disclosure under subsection (d); or (iv) has the consent of the subscriber or customer to the disclosure. (3) An investigative or law enforcement officer receiving records or information under paragraph (2) is not required to provide notice to the customer or subscriber. (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. (Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 9, 2008, P.L.1403, No.111, eff. imd.) 2008 Amendment. Act 111 deleted subsec. (c)(1). 1998 Amendment. Act 19 amended subsecs. (d) and (e). Cross References. Section 5743 is referred to in sections 5712, 5741, 5742, 5744, 5745, 5746, 5747 of this title.