210 Pa. Code Rule 3542. Orders—Notice of Confidentiality.

Rule 3542. Orders—Notice of Confidentiality.

Upon consideration of the application, the Assigned Judge may enter an ex parte order authorizing the interception of wire, electronic, or oral communications that are being intercepted 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 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.

Source

   The provisions of this Rule 3542 adopted November 24, 2020, effective immediately, 50 Pa.B. 6994.

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