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Bill would bar Delaware agencies from requesting reverse‑keyword search results, with narrow felony exception
Summary
A sponsor told the committee HB 145 would prohibit government reverse‑keyword orders and voluntary requests, ban courts from issuing/enforcing them, and allow a limited exception for investigations of class A violent felonies when searches return five or fewer results.
The committee considered a house amendment and senate substitute for HB 145 to update Delaware law for a modern form of digital search known as a reverse‑keyword search. The sponsor explained that under reverse‑keyword search the government asks technology providers for the identities of users who searched particular words, phrases, or websites, potentially sweeping in people who are not suspects.
The bill would prohibit government entities from requesting or obtaining reverse‑keyword orders or voluntary reverse‑keyword requests and would bar Delaware courts from issuing or enforcing such orders. Testimony described a narrow exception for class A violent‑felony investigations: when a reverse search returns five or fewer results the information may be produced; if more than five results are returned providers would only report the count unless law enforcement narrows the query.
The measure would make evidence obtained in violation inadmissible, require notification to affected individuals of violations, and require deletion of unlawfully obtained data. Committee members took the explanation and no vote was recorded during the hearing.
