Bill Text: DE HB211 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Wiretapping, Electronic Surveillance And Interception Of Communications.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2013-06-30 - Introduced and Assigned to Judiciary Committee in House [HB211 Detail]
Download: Delaware-2013-HB211-Draft.html
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SPONSOR: |
Rep. Scott & Sen. Townsend |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 211 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS. |
WHEREAS 31% of text message users prefer texting to voice calls, and young adults stand out in their use of text
messaging; and
WHEREAS 18-24 year olds are by far the most prolific users sending or receiving an average of 109.5 text messages per day, totaling more than 3,200 messages per month; and
WHEREAS the average number of texts sent per day now exceeds the number of calls by over a 3:1 ratio; and
WHEREAS text messages may include information of a very private nature, including: health, finances, religion and comments shared between intimates; and
WHEREAS citizens should expect their communications to be respected and protected against unreasonable searches and seizures; and
WHEREAS under the statute a probable cause warrant would be required before disclosure of text messages; and
WHEREAS the courts find it difficult to keep pace with emerging technologies; and
WHEREAS Delaware's current wiretap law was created in 1999, a year before the first text message capable cell
phone was introduced on the U.S. market;
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.Amend 2401(5), Title 11 of the Delaware Code by making insertions as shown by underlining as follows:
(5) "Electronic
communication" means any transfer of signs, signals, writing, images, sounds, text
messages, data or intelligence of any electromagnetic, photoelectronic or
photooptical system.However,
"electronic communication" does not include:
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SYNOPSIS
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This bill expressly brings text messages within the meaning of electronic communication so as to ensure that text messages get the protections presently afforded to other voice and electronic communications |
