DelawareHS 1 for HB 145153rd General Assembly (2024–2026)House

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

Sponsored By: Madinah Wilson-Anton (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Delaware limits searches of people's online activity

Delaware generally bans government searches that identify unnamed people based on online searches or visits through search-generated links. The ban covers searches for specific words, phrases, or websites, regardless of place or time period. State and local agencies cannot request, buy, borrow, obtain, or review this information through covered orders or voluntary requests. Courts cannot issue, help enforce, or recognize these orders, and agencies cannot bypass the ban through federal or other states' agencies. A narrow court-order exception applies to Class A violent felony investigations.

People gain remedies for unlawful searches

Delaware agencies must give written notice when they obtain someone's name or other identifying information through a search-rule violation. The notice must explain the violation and available legal options. People harmed can seek orders stopping violations, declaring their rights, or requiring officials to act, plus reasonable legal fees and costs. Agencies must immediately delete and destroy unlawfully acquired data or information. State and local officers, employees, and agents who violate the rules are subject to appropriate discipline.

Unlawful search evidence stays out of proceedings

Information obtained through violations of these search rules cannot be used in criminal, civil, administrative, or other proceedings. The ban also covers evidence the government obtained because of the unlawful order or request. That evidence remains barred even if later events weaken the connection, discovery was inevitable, or officials obtain it again another way. The only exception allows the material to prove a violation of these search rules.

Serious crime searches face five-hit limit

Delaware agencies can seek court orders identifying unnamed online searchers only when investigating legally designated Class A violent felonies. If the query returns 5 or fewer exact matches, the entity receiving the order must provide all requested information. Above 5 matches, it can disclose only the count; the government cannot seek, view, or obtain further information. The government can seek a new order with narrower terms that meets the 5-hit limit. Each order must prominently state the count-only response required above 5 hits.

Sponsors & Cosponsors

Sponsor

Madinah Wilson-Anton
Democratic • House

Cosponsors

Frank Burns
Democratic • House
Mara Gorman
Democratic • House
Kerri Evelyn Harris
Democratic • House
Eric Morrison
Democratic • House
Marie Pinkney
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 35 • No: 16

Senate vote • 7/1/2026

Passed (SM required)

Yes: 11 • No: 4

House vote • 5/19/2026