Delaware Code Title 10 Sec. 1923 – Public display or public posting of a judicial officer’s personal …
(a) Prohibited conduct. —
(1) No person shall publicly post or publicly display the personal information of a judicial officer or their family if the judicial officer has made a written request under § 1924 of this title of that person not to disclose such personal information.
(2) No person shall share, solicit, sell, or trade the personal information of a judicial officer or their family with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or their family.
Terms Used In Delaware Code Title 10 Sec. 1923
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Family: means as defined in § 901 of this title. See Delaware Code Title 10 Sec. 1921
- Judicial officer: includes any active, formerly active, or retired:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means as defined in § 302 of Title 1. See Delaware Code Title 10 Sec. 1921
- Personal information: means a home address, home telephone number, mobile telephone number, direct telephone number to a judicial officer's private chambers, personal e-mail address, social security number, federal tax identification number, checking and savings account numbers, credit or debit card numbers, birth or marital records, property tax records, and identity of children under the age of 18. See Delaware Code Title 10 Sec. 1921
- Plaintiff: The person who files the complaint in a civil lawsuit.
- publicly display: means to communicate to another or otherwise make available to the general public. See Delaware Code Title 10 Sec. 1921
- Written request: means written notice signed by a judicial officer or a representative of the judicial officer's employer requesting a government agency or person to refrain from posting or displaying publicly available content that includes the personal information of the judicial officer or of their family. See Delaware Code Title 10 Sec. 1921
(b) Required conduct. —
(1) After a person has received a written request from a judicial officer to protect the personal information of the judicial officer or their family, that person must remove the personal information from public display within 72 hours or, in the case of a printed directory, no later than the next update to the directory.
(2) After a person has received a written request from a judicial officer, that person shall ensure that the judicial officer’s personal information is not publicly displayed, including on any website or subsidiary website controlled by that person.
(3) After receiving a judicial officer’s written request, a person may not transfer the judicial officer’s personal information to any other person through any medium.
(c) Remedies. —
(1) Equitable relief. —
A judicial officer or family member whose personal information is made public as a result of a violation of this subchapter may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the judicial officer’s costs and reasonable attorneys’ fees.
(2) Private right of action. —
A judicial officer or family member who is aggrieved by a violation of this subsection may bring an action in any court of competent jurisdiction. A prevailing plaintiff in such action shall be awarded damages in an amount:
a. Not greater than 3 times the actual damages to the plaintiff; and
b. Not less than $10,000.
(3) Criminal penalties. —
Public posting or display of a judicial officer’s personal information after receipt of a written request may result in criminal penalties under Title 11 where the statutory elements of a crime defined under that title are met.
(d) Affirmative defense. —
Nothing in this section shall be construed to limit or enlarge the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as those terms are defined in 47 U.S.C. § 230.