Lawmakers close loophole in wiretap law

Legislation sponsored by Sen. John Rafferty (R-Montgomery) and Rep. Mike Vereb (R-Montgomery) to protect and expand personal rights under Pennsylvania’s Wiretap Law was approved by the state Legislature.

The bills were introduced to close a loophole in existing state law that allowed public access to private phone records. Gov. Ed Rendell is expected to sign the legislation within 10 days.

"Today, the Pennsylvania Legislature voted to further protect privacy rights of the Commonwealth’s citizens," Vereb said in a written statement. "The loopholes that existed in the former law put the safety of police officers, prosecutors, crime victims and everyday citizens at risk. I'm glad my House and Senate colleagues realized the importance of this bill and voted to protect privacy rights."

From a statement issued by Sen Rafferty: "The wiretap law is one of law enforcements' most important tools in fighting crime, yet it is important that we protect the privacy rights of our state residents. This bill does both. This bill gives the Pennsylvania State Police and the Attorney General the continued authority to pursue criminal activity and has helped in the investigations and prosecution of drug operations, illegal gambling and organized crime."

More from a press released issued by the two lawmakers:

Under the current Wiretap Law, phone service providers could have provided records and other information relating to a subscriber upon request. Law enforcement or other investigatory agents for the government are required by law to follow additional procedures in order to access this information. Vereb's legislation requires a judge to approve a warrant or court order for any call records to be released to anyone.

Vereb, a freshman who represents the 150th House District, originally introduced this language as a free-standing bill after a Scranton defense attorney was able to obtain the personal cell phone records of prosecutors and police detectives involved in the Mt. Airy Casino Resort gaming license investigation.

During his career as a detective, Vereb was certified as a wiretap investigator and Rafferty used this tool in his career as a deputy attorney general.

Rafferty introduced Senate Bill 1263 last year to extend the state's wiretap law that was set to expire at the end of this year.

The legislation is supported by the District Attorneys Association, the Sheriffs Association, the Pennsylvania Victim Advocate, the American Civil Liberties Union, the Office of the Attorney General, the Pennsylvania State Troopers Association, the Pennsylvania Coalition Against Domestic Violence, the Pennsylvania Chiefs of Police, the Pennsylvania Sheriffs Association, the Fraternal Order of Police, the Pennsylvania Coalition Against Rape, and the Coalition of Pennsylvania Crime Victims.