Hah, I charge the author of the article with journalistic malpractice, and dismiss the plantiff’s lawsuit with prejudice. Here’s 5703 in a nutshell via pa.gov (eventually):
18 Pa.C.S.A. § 5703
Purdon’s Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
Current Section§ 5703. Interception, disclosure or use of wire, electronic or oral communications
Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he:
(1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;
(2) intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or
(3) intentionally uses or endeavors to use the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire, electronic or oral communication.
Nothing here about permission of all parties, or any definition of “interception” that would, against common usage, make it equivalent to “recording”. *single bang of gavel*
Well, that, and the fact that it’s a state statute and this is allegedly a federal suit. Where’s the federal cause of action?
There should be a higher court decision that makes that clear, especially since it has doubtless been tried many times already. Anyone got Lexus-Nexus and can run a search?