Delaware Code Title 11 Sec. 2422 – Divulging contents of communications generally
(a) Prohibited acts. — (1) Except as provided in subsection (b) of this section, a person or entity providing an electronic communications service to the public may not knowingly divulge to any other person or entity the contents of a communication while the communication is in electronic storage by that service.
(2) Except as provided in subsection (b) of this section, a person or entity providing remote computing service to the public may not knowingly divulge to any other person or entity the contents of any communication which is carried or maintained on that service which it has received:
a. On behalf of and by means of computer processing of communication or by means of electronic transmission from a subscriber or customer of the service; and
b. Solely for the purpose of providing storage or computer processing services to a subscriber or customer if the provider is not authorized to access the contents of any communications for purposes of providing any services other than storage or computer processing.
Terms Used In Delaware Code Title 11 Sec. 2422
- 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 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
- 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
(b) Lawful acts. — A person or entity may divulge the contents of a communication:
(1) To an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;
(2) With the lawful consent of the originator or an addressee or intended recipient of the communication, or the subscriber, in the case of remote computing service;
(3) To a person employed or authorized by facilities or services used to forward the communication to its destination;
(4) If necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;
(5) To a law-enforcement agency if the contents were inadvertently obtained by the service provider and appear to pertain to the commission of a crime; or
(6) If otherwise authorized under the provisions of this chapter.