House passes bill narrowing reverse‑keyword court orders, limits returns and requires sealing

Representative Wilson Anton, sponsor of House Substitute 1 for House Bill 145, said the amendment narrows the bill to address “reverse keyword” court orders and limits the number of responses returned to protect privacy and businesses.

"A reverse keyword warrant allows a governmental entity to search an unspecified and unlimited number of people who have entered a specific word or phrase in an Internet search engine or other application during a specified period of time," Anton told colleagues, describing how the tool can sweep large numbers of innocent searches into an investigation. He said the amendment limits returns to five and requires that returns be kept under seal and destroyed if unrelated to the case unless they are potentially exculpatory.

Lawmakers questioned how the tool is used in practice and whether local law‑enforcement agencies in Delaware already employ it. Anton said the tool is not currently used in Delaware but that its use is growing in other jurisdictions and limiting it here would protect Delaware companies from out‑of‑state warrants served on local firms. He acknowledged the bill does not prevent federal authorities from using similar techniques.

Representative Collins and others asked for clarifications about where and when the tool could be deployed; supporters cited public‑safety exceptions such as arson and violent felonies. After debate, the House adopted House Amendment 1 and passed the amended House Substitute 1 for House Bill 145 by roll call. The clerk announced the vote and the bill was recorded as passed.

Next steps: The measure, as amended, will be transmitted per the usual legislative process for enrollment and any required interchamber action.