An Act To Amend Title 11 Of The Delaware Code Relating To Reverse Location And Reverse Keyword Searches And Court Orders.
Impact
If enacted, HB145 would significantly reshape how law enforcement agencies utilize technology to gather evidence and information. The bill prohibits government entities from seeking or obtaining reverse-location or reverse-keyword information, reinforcing the requirement of individualized suspicion as a fundamental principle of lawful investigations. The implications are far-reaching, potentially requiring a review and alteration of current law enforcement practices regarding data acquisition and surveillance methods across the state.
Summary
House Bill 145 aims to amend Title 11 of the Delaware Code by prohibiting reverse-location and reverse-keyword court orders and requests. These court orders have the potential to collect location data and keyword searches from unspecified individuals without probable cause. The bill addresses the concerns regarding mass surveillance practices that can infringe upon personal freedoms and privacy rights, emphasizing the necessity of protecting citizens from generalized searches that lack specific identification of a suspect or crime.
Sentiment
The sentiment surrounding HB145 is predominantly supportive among privacy advocates and civil liberties organizations. Proponents argue that this bill strengthens individual rights by curbing excessive governmental surveillance, aligning with Fourth Amendment protections against unreasonable searches and seizures. However, some law enforcement representatives may express concern over the limitations this bill imposes on their capabilities to effectively investigate crimes, highlighting a tension between enforcing law and protecting civil liberties.
Contention
Notable points of contention include the balance between effective law enforcement and the protection of individual privacy rights. Opponents of the bill might argue that restricting access to such data could hinder investigations into serious crimes. In contrast, supporters assert that the risk of infringing upon the rights of countless innocent individuals far outweighs the perceived benefits of having unrestricted access to potentially invasive surveillance data. The debate encapsulates the ongoing struggle to adapt to new technologies while safeguarding fundamental freedoms.
Government entities request or obtaining of reverse-location information prohibition, use of reverse location information in a court action prohibition, and court order issued by court to obtain reverse location data prohibition