Delaware Code Title 11 Sec. 2423 – Disclosure of information
(a) Disclosure of contents of communications to investigative or law-enforcement officers by electronic communication service or remote computing service. — (1) An investigative or law-enforcement officer may require a provider of electronic communication service or remote computing service to disclose the contents of an electronic communication that is in electronic storage in an electronic communications system or remote computing service for 180 days or less only in accordance with a search warrant issued by a court of competent jurisdiction.
(2) An investigative or law-enforcement officer may require a provider of electronic communication service or remote computing service to disclose the contents of an electronic communication that is in electronic storage in an electronic communications system or remote computing service for more than 180 days in accordance with the procedures provided under subsection (b) of this section.
Terms Used In Delaware Code Title 11 Sec. 2423
- Contents: when used with respect to any wire, oral or electronic communication, includes any information concerning the identity of the parties to the communication or the existence or substance of that communication. See Delaware Code Title 11 Sec. 2401
- Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any electromagnetic, photoelectronic or photooptical system. See Delaware Code Title 11 Sec. 2401
- Electronic communication service: means any service that provides to users of the service the ability to send or receive wire, oral or electronic communications. See Delaware Code Title 11 Sec. 2401
- Electronic communications system: means any wire, oral, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire, oral or electronic communications, and any computer facilities or related electronic equipment for the wire, oral or electronic storage of electronic communications. See Delaware Code Title 11 Sec. 2401
- Electronic storage: includes any storage of a wire, oral or electronic communication by an electronic communication service for purposes of backup protection of the communication. See Delaware Code Title 11 Sec. 2401
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Investigative or law-enforcement officer: means any officer of this State or a political subdivision of this State, who is empowered by law to conduct investigations or to make arrests for offenses enumerated in this title, any sworn law-enforcement officer of the federal government or of any other state or a political subdivision of another state working with and under the direction of an investigative or law-enforcement officer of this State or a political subdivision of this State, or any attorney authorized by law to prosecute or participate in the prosecution of such offenses. See Delaware Code Title 11 Sec. 2401
- 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 any employee or agent of this State or a political subdivision thereof, or any individual, partnership, association, joint stock company, trust or corporation. See Delaware Code Title 11 Sec. 2401
- Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Delaware Code Title 11 Sec. 2401
- Subpoena: A command to a witness to appear and give testimony.
(b) Procedures. — (1) An investigative or law-enforcement officer may require a provider of remote computing service to disclose the contents of an electronic communication to which this section applies:
a. Without notice to the subscriber or customer if the officer obtains a search warrant issued by a court of competent jurisdiction; or
b. With prior notice to the subscriber or customer if the officer:
1. Obtains a subpoena issued by a court of competent jurisdiction, a grand jury, or as authorized by Chapter 25 of Title 29; or
2. Obtains a court order requiring the disclosure under subsection (d) of this section.
(2) The procedures set forth in this subsection apply to any electronic communication that is held or maintained on a remote computer service that it has received:
a. On behalf of and by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from a subscriber or customer of the remote computing service; and
b. Solely for the purpose of providing storage or computer processing services to the subscriber or customer if the provider is not authorized to access the contents of any communication for purposes of providing any services other than storage or computer processing.
(c) Definition of “record or other information.” — (1) For the purposes of this subsection, “record or other information” does not include the contents of communications to which subsections (a) and (b) of this section apply.
(2) Except as provided in this subdivision, a provider of electronic communications service or remote computing service may not disclose a record or other information pertaining to a subscriber or customer of the service to any person other than an investigative or law-enforcement officer.
A provider of electronic communications service or remote computing service shall disclose a record or other information pertaining to a subscriber to or a customer of the service to an investigative or law-enforcement officer only if the officer:
a. Obtains a subpoena issued by a court of competent jurisdiction, a grand jury, or as authorized by Chapter 25 of Title 29;
b. Obtains a search warrant from a court of competent jurisdiction;
c. Obtains a court order requiring the disclosure under subsection (d) of this section; or
d. Has the consent of the subscriber or customer to the disclosure.
(3) An investigative or law-enforcement officer receiving records or information under this subsection is not required to provide notice to a subscriber or customer.
(d) Court orders. — (1) A court of competent jurisdiction may issue an order requiring disclosure under subsection (b) or (c) of this section only if the investigative or law-enforcement officer shows that there is reason to believe the contents of an electronic communication that is in an electronic communications system or remote computing service or the record or other information sought is relevant to a legitimate law-enforcement inquiry.
(2) A court issuing an order under this section may quash or modify the order on a motion made promptly by the service provider if the information or records requested are unusually voluminous in nature or if compliance with the order otherwise would cause an undue burden on the provider.
(e) Causes of action. — Nothing in this chapter may be construed as creating a cause of action against any provider of electronic communication service or remote computing service, such service’s officers, employees, or agents or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order, warrant, subpoena or certification under this chapter.