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For Immediate
Release
9/17/08
Senate Panel Endorses Piccola Measure
Addressing Loophole in State's Wiretap Law
Providing Greater Protection to the Privacy
of Pennsylvanians
HARRISBURG – Senator Jeffrey E. Piccola (R-15) applauded members of the
Senate Judiciary Committee today for approving
Senate Bill 1555 – legislation that he has sponsored aimed at closing a
loophole in Pennsylvania's Wiretap Law which allowed criminal defense lawyers to
obtain the cell phone records of Dauphin County District Attorney Ed Marsico and
his First Assistant District Attorney, as well as state police investigators,
without their knowledge or the knowledge of the presiding judge.
A Dauphin County Investigating Grand Jury charged Reverend Joseph Sica and
Louis DeNaples with perjury earlier this year following allegations that they
lied to the Gaming Control Board about their associations with organized crime.
"Their lawyers' access to the cell phone records of the district attorneys and
State Police who were organized crime investigators sent shock waves throughout
Pennsylvania's law enforcement community," said Piccola.
As a result of these events, Piccola took action and unveiled legislation to
better protect Pennsylvania citizens. "This loophole goes beyond the release of
records to police and prosecutors – it also allows litigants to obtain the cell
phone and email records of private citizens without their knowledge and court
review. We cannot expose specific individuals, such as domestic abuse victims
or confidential police sources, to danger if such information is disclosed
without their permission," explained Piccola.
Senate Bill 1555 would amend the Wiretap Act to prohibit telephone companies
from providing a customer's calling records to anyone without a subpoena, court
order, or a customer's permission. An attorney in a civil matter must give
notice to opposing counsel in advance to give them a chance to contest the
release of the information. However in criminal matters like the DeNaples and Sica case, lawyers do not have to inform the judge or the person whose records
they are seeking.
"The Commonwealth's law enforcement community, district attorneys, and
victims' advocacy organizations are also supporting this call to make necessary
changes to the statute. It's time we close this loophole once and for all and
give personal information in criminal cases greater protection under the state's
Wiretap Act. Pennsylvanians deserve this protection," Piccola said.
Similar legislation (House
Bill 2726) has been introduced by Representative Mike Vereb
(R-150/Montgomery County) in the House of Representatives.
Contact:
Colleen Greer
(717) 787-6801
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