Governor Meyer Signs First of Its Kind Legislation Restricting Reverse-Keyword Warrants

Dover, DE — Today, Governor Meyer officially signed legislation (HS 1 for HB 145 with HA 1) restricting reverse-keyword searches and warrants in Delaware during a formal bill-signing ceremony at Legislative Hall. This new law prohibits Delaware law enforcement and courts from requesting, issuing, or enforcing reverse-keyword court orders and reverse-keyword requests, with limited exceptions.

Reverse-keyword searches enable the government to obtain information about what people search for on websites and mobile applications without obtaining the consent of those individuals. These warrants allow the government to conduct widespread surveillance of potentially thousands of individuals’ digital data without the probable cause requirements that have historically been needed for a lawful search.

Delaware advocates have warned that the use of reverse warrants is an invasion of privacy and a blatant violation of Fourth Amendment protections from unreasonable searches. There has also been concern about the effect these tools could have on free speech.

“Today marks a significant win for privacy in Delaware and across the country,” said John Reynolds, deputy policy and advocacy director at the ACLU of Delaware. “Using our state’s unique position as the corporate home for the vast majority of the nation’s tech and data companies, Delaware has ensured we will not use these creepy, invasive surveillance tools, and we will not be complicit in assisting other states in doing so either. We hope that Delaware’s landmark legislation will serve as a guidepost for other communities across the country that are rightfully questioning the growing use of mass surveillance technology.”

The newly signed legislation will take effect immediately.