Delaware General Assembly

House Public Safety & Homeland Security 5/2/23 (Tabled in Committee)

Committee Hearing takes place within twelve legislative days.

5/2/23

Wilson-Anton

Sen. Gay

Sen. Lockman, Richardson
Reps. Baumbach, Lambert, Morrison

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

Reverse-location court orders and reverse keyword court orders enable the government to obtain location data or 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-location court orders, reverse-keyword court orders, reverse-location requests 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 reverse-location or reverse-keyword search.

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Takes effect upon being signed into law

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