Thomas Wilkinson and Joshua Ruby, both members of Cozen O'Connor's Commercial Litigation department, discuss wiretap act prosecutions of defense attorneys. Two criminal defense lawyers in Western Pennsylvania are facing criminal charges under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (Pennsylvania Wiretap Act) for disclosing to a court the contents of telephone conversations allegedly recorded in violation of the Act. The Pennsylvania Wiretap Act criminalizes certain interceptions and use of recorded conversations. These prosecutions raise difficult questions for lawyers confronted with potentially exculpatory evidence in the form of recorded conversations, particularly in the face of the rapidly advancing technology of handheld devices that can both communicate and record.
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