Legislation Passed in State House to Prohibit Use of Reverse-Keyword Warrants

May 20, 2026/Mari Lou

Legislation passed along party lines in the State House would prohibit the use of reverse keyword warrants in Delaware. These types of warrants allow law enforcement to obtain information from search engine providers and other applications about individuals based solely on internet searches or digital activity. House Substitute 1 for House Bill 145 will prohibit not only law enforcement agencies, but courts from requesting, issuing or enforcing reverse-keyword court orders and reverse-keyword requests. The measure is now awaiting action in the Senate Judiciary Committee.

Additional information from the House Majority Caucus:

“As the use of reverse keyword warrants continues to increase and people become more aware that everything they search online, from their casual curiosities to their most intimate queries, could be caught up in a digital dragnet search, online speech will be chilled,” said Rep. Madinah Wilson-Anton.  
 
“In our modern world where community conversations, relationship building, and access to important resources predominantly occur online, people may become hesitant to seek information and support that they need. Passing HS 1 for HB 145 will help to alleviate these concerns for Delawareans and ensure that their constitutional right to privacy remains protected.”
 
Unlike traditional warrants, reverse keyword warrants do not require probable cause tied to any one individual. They instead cast a wide net by collecting information about everyone who searched certain terms or entered specific addresses into applications or search engines. This practice has raised significant constitutional and privacy concerns and has led to several high-profile court cases. 
 
While Delaware law enforcement agencies have not yet used reverse warrants, our state’s status as the incorporation capital of the United States means companies incorporated here can still be forced to comply with these requests by out-of-state actors. As a result, allowing reverse warrants in Delaware could expose the private data of people across the country, including individuals seeking, assisting with, or even researching sensitive healthcare services such as abortion care or gender-affirming care.
 
Law enforcement in another state could use a reverse keyword search seeking anyone who entered a specific term, such as “immigration help,” or someone who entered a location of interest into their ride share app, such as the address for the Planned Parenthood clinic in Wilmington. A reverse keyword warrant would provide information about everyone who entered that address or terms into the app and subject them to further scrutiny and invasion of privacy.
“Passing HS 1 for HB 145 through the House Chamber was an important step towards safeguarding the right to privacy for Delawareans, as well as people all over the country,” said ACLU-DE Deputy Policy & Advocacy Director John Reynolds.
 
“As the corporate home for the vast majority of U.S. tech companies, Delaware is uniquely positioned to be a nationwide champion in protecting the civil liberties of countless people by limiting these highly invasive reverse warrants.”
 
HB 145 (S) would create exceptions in which reverse-keyword searches would be used, including in very limited circumstances involving the investigation of the most serious crimes. It would also limit the results from the application to no more than five and require the information to be destroyed if unrelated to the specific case. 
 
“No Delawarean should be subjected to the invasive surveillance of reverse keyword warrants. These methods show no regard for individuals’ consent and create a slippery slope that infringes on people’s privacy,” said Senator Marie Pinkney, Senate prime sponsor of HS 1 for HB 145.
 
“This bill is necessary to guarantee that Delawareans’ smartphones and any other day-to-day online use will not be used against them.” 
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