Delaware Wiretapping and Electronic Surveillance Act (11 Del. C. Chapter 24 Subchapter I)
Consent to intercept – Delaware Wiretapping and Electronic Surveillance Act (11 Del. C. Chapter 24 Subchapter I)

Delaware Wiretapping and Electronic Surveillance Act (11 Del. C. Chapter 24 Subchapter I) 2402(a)(1): 2402(a)(1) and (c)(4) Intercept calls, conversations or electronic communications only as a party or with one party's prior consent

A person must not intentionally intercept, try to intercept, or procure another to intercept any wire, oral or electronic communication unless an exception applies. The exception open to private persons and businesses, 2402(c)(4), requires that the person is a party or that one party has given prior consent, and that the purpose is not a criminal or tortious act. The same rule applies to telephone, in-person and electronic communications. Penalty: class E felony and a fine of up to 10,000 dollars. 11 Del. C. 1335(a)(4), the violation of privacy offence in the criminal code, separately makes it a class A misdemeanour to intercept without the consent of all parties a message by telephone, telegraph, letter or other private means, including private conversation. The two provisions read differently; this framework records both and does not resolve which governs a given recording.

Maintained by Gerard Blokdyk

What else in your programme already covers this

This control maps to 2 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • 2511(1)(a) 2511(1)(a) Do not intercept wire, oral or electronic communications
  • 2511(2)(d) 2511(2)(d) One-party consent: be a party or have a party's prior consent, and never for a criminal or tortious purpose

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Query this from an agent

The graph holds this control, the 2 it maps to, and the evidence behind each claim, over MCP and REST.