HB 445 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REVERSE KEYWORD SEARCHES AND COURT ORDERS.

Summary

Reverse keyword court orders enable the government to obtain technology search data without identifying any specific person as to which there is probable cause to believe they have committed or will imminently commit a crime. The profusion of electronic devices and apps in recent years has allowed recordation of numerous details of citizen’s everyday lives, that the government should not be permitted to collect and review at will. Such general searches allow the government to sweep in personal information about hundreds or thousands of people who are not suspected of having committed any crime. These searches are an invasion of privacy, have a potentially chilling effect on civil liberties, and sidestep requirements for individualized suspicion that are otherwise required for a lawful search. This Act would prohibit law enforcement and courts from requesting, issuing, or enforcing reverse-keyword court orders and reverse keyword requests. It also creates a private right of action for an individual whose personal information was obtained in violation of this Act and requires the suppression of evidence derived from an unlawful or reverse-keyword search.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill prohibits government entities from seeking or issuing reverse-keyword court orders and requests, and establishes a private right of action for individuals whose information is wrongfully obtained.

• § 2312

  Reverse-keyword court orders prohibited.

  Prohibits government entities from seeking reverse-keyword court orders.

• § 2312

  A government entity may not seek, from any court, a reverse-keyword court order.

  Explicitly forbids government entities from seeking reverse-keyword court orders.

• § 2312

  A government entity may not seek, secure, obtain, borrow, purchase, or review any information or data obtained through a reverse-keyword court order.

  Prevents government entities from obtaining information through reverse-keyword court orders.

• § 2312

  No court of this State may issue a reverse-keyword court order.

  Prohibits any court in the state from issuing reverse-keyword court orders.

• § 2312

  No court or government entity of the State or a political subdivision thereof, shall support, assist, or enforce a reverse-keyword court order issued by the State of Delaware or a political subdivision thereof, or any other state or a political subdivision thereof, including the domestication of any such court order.

  Forbids courts or government entities from supporting any reverse-keyword court order from any jurisdiction.

• § 2312

  Reverse-keyword requests prohibited.

  Prohibits government entities from making reverse-keyword requests.

• § 2312

  A government entity may not make a reverse-keyword request.

  Explicitly forbids government entities from making reverse-keyword requests.

• § 2312

  A government entity may not seek the assistance of any agency of the federal government or any agency of the government of another state or subdivision thereof in obtaining information or data from a reverse-keyword court order or a reverse-keyword request if the government entity would be barred from directly seeking such information under this section.

  Prevents government entities from seeking federal or other state aid for reverse-keyword orders or requests.

• § 2312

  Except as proof of a violation of this section, no record or information obtained, accessed, or otherwise secured in violation of this section, nor any evidence derived therefrom, shall be admissible in any criminal, civil, administrative, or other proceeding.

  Establishes that evidence obtained in violation of this section is inadmissible in court.

• § 2313

  Private right of action for reverse-keyword court orders and requests.

  Creates a private right of action for individuals whose information is unlawfully obtained.

• § 2313

  A person whose name or other identifying information was obtained by a government entity in violation of § 2312 of this title must be notified of the violation, in writing, by the government entity who committed the violation and of the legal recourse available to that person pursuant to this section.

  Requires government entities to notify individuals if their information was obtained unlawfully.

• § 2313

  A person whose name or other identifying information was obtained by a government entity in violation of § 2312 of this title may institute a civil action against such governmental entity.

  Allows individuals to sue government entities for violations.

Action History

1. June 24, 2024

   Amendment HA 2 to HB 445 - Introduced and Placed With Bill

2. June 18, 2024

   Reported Out of Committee (Judiciary) in House with 1 Favorable, 4 On Its Merits, 1 Unfavorable

3. June 18, 2024

   Amendment HA 1 to HB 445 - Introduced and Placed With Bill

4. May 14, 2024

   Introduced and Assigned to Judiciary Committee in House

Sponsors

• Kendra Johnson · Primary
• Madinah Wilson-Anton · Primary

Subjects