DELAWARE CODE
TITLE 11 -- CRIMES AND CRIMINAL
PROCEDURE
SECTION 931
As amended by 72 Del. Laws, c. 135
(Approved by
Governor June 23, 1999; effective July 2, 1999)
§ 931. Definitions.
As used in this subpart:
(1) "Access" means to instruct, communicate with, store data
in or retrieve data from a computer, computer system or computer network.
(2) "Computer" means a programmable, electronic device
capable of accepting and processing data.
(3) "Computer network" means:
a. A set of related devices connected to a computer by
communications facilities;
b. A complex of 2 or more computers, including related
devices, connected by communications facilities; or
c. The communications transmission facilities and devices
used to interconnect computational equipment, along with control mechanisms
associated thereto.
(4) "Computer program" means a set of instructions,
statements or related data that, in actual or modified form, is capable of
causing a computer or computer system to perform specified functions.
(5) "Computer services" includes, but is not limited to,
computer access, data processing and data storage.
(6) "Computer software" means 1 or more computer programs,
existing in any form, or any associated operational procedures, manuals or
other documentation.
(7) "Computer system" means a computer, its software, related
equipment and communications facilities, if any, and includes computer
networks.
(8) "Data" means information of any kind in any form,
including computer software.
(9) "Person" means a natural person, corporation, trust,
partnership, incorporated or unincorporated association and any other legal or
governmental entity, including any state or municipal entity or public
official.
(10) "Private personal data" means data concerning a natural
person which a reasonable person would want to keep private and which is
protectable under law.
(11) "Property" means anything of value, including data.
(12) "Electronic mail" or "e-mail" means any message that is
automatically passed from an originating address or account to a receiving
address or account;
(13) "Originating address" or "originating account" means the
string used to specify the source of any electronic mail message (e.g.
company@sender.com);
(14) "Receiving address" or "receiving account" means the
string used to specify the destination of any electronic mail message (e.g.
person@receiver.com);
(15) "Electronic Mail service provider" means any person who:
(i) is an intermediary in sending and receiving electronic
mail; and
(ii) provides to end-users of electronic mail services the
ability to send or receive electronic mail.
(16) The "Internet" is a hierarchy of computer networks and
systems that includes, but is not limited to, commercial (.com or .co),
university (.ac or .edu) and other research networks (.org, .net) and military
(.mil) networks and spans many different physical networks and systems around
the world.
(17) "Commercial Electronic Mail" or "Commercial E-mail"
means any electronic mail message that is sent to a receiving address or
account for the purposes of advertising, promoting, marketing or otherwise
attempting to solicit interest in any good service or
enterprise.
DELAWARE CODE
TITLE 11 -- CRIMES AND CRIMINAL
PROCEDURE
SECTIONS 937 & 938
Added by 72 Del. Laws, c.
135
(Approved by Governor June 23, 1999; effective July 2,
1999)
§ 937. Un-requested or Unauthorized Electronic Mail or use
of network or software to cause same.
A person is guilty of the computer crime of un-requested or
unauthorized electronic mail:
(a) when that person, without authorization, intentionally or
recklessly distributes any unsolicited bulk commercial electronic mail
(commercial E-mail) to any receiving address or account under the control of
any authorized user of a computer system. This section shall not apply to
electronic mail that is sent between human beings, or when the individual has
requested said information. This section shall not apply to the transmission
of electronic mail from an organization to its members or where there is a
pre-existing business relationship. No Internet/interactive service provider
shall be liable for merely transmitting an unsolicited, bulk commercial
electronic mail message in its network. No Internet/interactive service
provider shall be held liable for any action voluntarily taken in good faith
to block the receipt or transmission through its service of any unsolicited,
bulk electronic mail which it believes is, or will be, sent in violation to
disconnect or terminate the service of any person that is in violation of this
article; or
(b) When a person uses a computer or computer network without
authority with the intent to: falsify or forge electronic mail transmission
information in any manner in connection with the transmission of unsolicited
bulk electronic mail through or into the computer network of an electronic
mail service provider or its subscribers; or
(c) When a person sells, gives or otherwise distributes or
possesses with the intent to sell, give or distribute software which:
(i) is primarily designed or produced for the purpose of
facilitating or enabling the falsification of electronic mail transmission
information or other routing information;
(ii) has only limited commercially significant purpose or use
other than to facilitate or enable the falsification of electronic mail
transmission information or other routing information; or
(iii) is marketed by that person or another acting in concert
with that person's knowledge for use in facilitating or enabling the
falsification of electronic mail transmission information or other routing
information.
(d) For the purposes of this section, conduct occurring
outside of the State shall be sufficient to constitute this offense if such
conduct is within the terms of Section 204 of this title, or if the receiving
address or account was under the control of any authorized user of a computer
system who was located in Delaware at the time he or she received the
electronic mail or communication and the defendant was aware of circumstances
which rendered the presence of such authorized user in Delaware a reasonable
possibility.
§ 938. Failure to promptly cease electronic communication
upon request.
(a) A person is guilty of the computer crime of failure to
promptly cease electronic communication upon request when that person
intentionally, recklessly or negligently, fails to stop sending commercial
electronic mail to any receiving address or account under the control of any
authorized user of a computer system after being requested to do so. All
commercial electronic mail sent to any receiving address within the State
shall have information to the recipient on how to unsubscribe or stop further
receipt of commercial electronic mail from the sender.
(b) For the purposes of this section, conduct occurring
outside of the State shall be sufficient to constitute this offense if such
conduct is within the terms of Section 204 of this title, or if the receiving
address or account was under the control of any authorized user of a computer
system who was located in Delaware at the time he or she received the
electronic mail or communication and the defendant was aware of circumstances
which rendered the presence of such authorized user in Delaware a reasonable
possibility.
