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

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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 House Substitute for House Bill No. 145 would prohibit law enforcement and courts from requesting, issuing, or enforcing reverse-keyword court orders and reverse-keyword requests, with the exception that reverse-keyword court orders and requests may be utilized to investigate suspected Class A Felonies so long as the search query returns 5 or fewer search hits. It also requires the suppression of evidence derived from an unlawful reverse-keyword search.