Law / United States / 
Pennsylvania
Pen Registers, Trap and Trace Devices and Telecommunication Identification Interception Devices, General Prohibition
In force.
A device storage and tracking consent rule binding public and private bodies.
- Enforcement body
- Criminal prosecution by the Commonwealth.
- Obligation class
- Consent, Prohibition
What it requires
- Do not install or use a pen register, a trap and trace device or a telecommunication identification interception device without first obtaining a court order, unless you are a provider of the wire or electronic communication service using it to operate, maintain or test the service, to protect the provider or its users from abuse, fraud or unlawful use, or with the consent of the user of the service.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Whoever intentionally and knowingly violates the general prohibition on installing or using a pen register, trap and trace device, or telecommunication identification interception device without a court order is guilty of a misdemeanor of the third degree.
What this law does
Section 5771 bars any person, not only an investigative or law enforcement officer, from installing or using a pen register, a trap and trace device, or a telecommunication identification interception device without first obtaining a court order.
The prohibition does not apply to a provider of wire or electronic communication service using such a device to operate, maintain or test the service, to protect the provider's rights or property or its users from abuse or unlawful use, to record that a communication was initiated or completed in order to protect against fraudulent, unlawful or abusive use, or with the consent of the user of the service.
Subchapter E, which holds this section, provides no civil action for a violation; a person who intentionally and knowingly violates it commits a misdemeanor of the third degree. The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app tracks devices.
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