Delaware House Bill 145

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Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: Introduced on May 2 2023 - 25% progression, died in chamber
Action: 2024-05-09 - Stricken in House
Text: Latest bill text (Draft #1) [HTML]

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 citizens 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.

An Act To Amend Title 11 Of The Delaware Code Relating To Reverse Location And Reverse Keyword Searches And Court Orders.

Rep. Madinah Wilson-Anton [D]	Sen. Kyle Gay [D]	Rep. Paul Baumbach [D]	Rep. Larry Lambert [D]
Rep. Eric Morrison [D]	Sen. Elizabeth Lockman [D]	Sen. Bryant Richardson [R]

Date	Chamber	Action
2024-05-09		Stricken in House
2023-06-13		Tabled in Committee
2023-05-02		Introduced and Assigned to Public Safety & Homeland Security Committee in House

Type	Source
Summary	https://legis.delaware.gov/BillDetail?LegislationId=130297
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=130297&legislationTypeId=1&docTypeId=2&legislationName=HB145