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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 5771 (2026)

  General prohibition on use of certain devices and exception.

✓ current as of May 2026
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SUBCHAPTER E

PEN REGISTERS, TRAP AND TRACE DEVICES

AND TELECOMMUNICATION IDENTIFICATION

INTERCEPTION DEVICES

 

Sec.

5771.  General prohibition on use of certain devices and exception.

5772.  Application for an order for use of certain devices.

5773.  Issuance of an order for use of certain devices.

5774.  Assistance in installation and use of certain devices.

5775.  Reports concerning certain devices.

 

Enactment.  Subchapter E was added October 21, 1988, P.L.1000, No.115, effective immediately.

Subchapter Heading.  The heading of Subchapter E was amended February 18, 1998, P.L.102, No.19, effective immediately.

Cross References.  Subchapter E is referred to in section 5704 of this title.

§ 5771.  General prohibition on use of certain devices and exception.

(a)  General rule.--Except as provided in this section, no person may install or use a pen register or a trap and trace device or a telecommunication identification interception device without first obtaining a court order under section 5773 (relating to issuance of an order for use of certain devices).

(b)  Exception.--The prohibition of subsection (a) does not apply with respect to the use of a pen register, a trap and trace device or a telecommunication identification interception device by a provider of electronic or wire communication service:

(1)  relating to the operation, maintenance and testing of a wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of the service from abuse of service or unlawful use of service;

(2)  to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication or a user of the service from fraudulent, unlawful or abusive use of service; or

(3)  with the consent of the user of the service.

(b.1)  Limitation.--A government agency authorized to install and use a pen register under this chapter shall use technology reasonably available to it that restricts the recording or decoding of electronic or other impulses to the dialing and signaling information utilized in call processing.

(c)  Penalty.--Whoever intentionally and knowingly violates subsection (a) is guilty of a misdemeanor of the third degree.

(Feb. 18, 1998, P.L.102, No.19, eff. imd.)

 

Cross References.  Section 5771 is referred to in section 5773 of this title.

Notes of Decisions
Cited in 3 cases, 1989–1994 · leading case: Barasch v. Pennsylvania Pub. Util. Comm'n, 576 A.2d 79 (Pa. Commw. Ct. 1990).
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Barasch v. Pennsylvania Pub. Util. Comm'n, 576 A.2d 79 (Pa. Commw. Ct. 1990). · cites it 8× “The Pennsylvania exceptions are identical except that the wording of the third and operative exclusion is not a separate subsection and is stated as "or with the consent of the user.”
PG Publ'g Co. v. Cnty. of Washington, 638 A.2d 422 (Pa. Commw. Ct. 1994). · cites it 2× “" Section 8 of WESCA, 18 Pa.C.S. § 5771, prohibits the installation of a pen register by anyone other than a law enforcement officer who has prior court approval for such installation.”
Pennsylvania Coalition Against Dom. Violence v. Pennsylvania Pub. Util. Comm'n, 568 A.2d 726 (Pa. Commw. Ct. 1989). “” 18 Pa.C.S. § 5771(a). A “trap and trace device” is defined in the Wiretap Act as one which “captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.”
— 18 Pa. Cons. Stat. § 5771(a) — 2 cases
Barasch v. Pennsylvania Pub. Util. Comm'n, 576 A.2d 79 (Pa. Commw. Ct. 1990). “The Pennsylvania exceptions are identical except that the wording of the third and operative exclusion is not a separate subsection and is stated as "or with the consent of the user.”
Pennsylvania Coalition Against Dom. Violence v. Pennsylvania Pub. Util. Comm'n, 568 A.2d 726 (Pa. Commw. Ct. 1989). “” 18 Pa.C.S. § 5771(a). A “trap and trace device” is defined in the Wiretap Act as one which “captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.”
— 18 Pa. Cons. Stat. § 5771(b) — 1 case
Barasch v. Pennsylvania Pub. Util. Comm'n, 576 A.2d 79 (Pa. Commw. Ct. 1990). “The Pennsylvania exceptions are identical except that the wording of the third and operative exclusion is not a separate subsection and is stated as "or with the consent of the user.”
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