Wiretapping, Electronic Surveillance and Interception of Communications; Stored Wire and Electronic Communications

Delaware's wiretap law makes it a felony to intercept, disclose, or use wire, oral, or electronic communications, but allows interception by a party to the communication or with one party's prior consent unless done to commit a crime or tort. A separate subchapter bars unauthorized access to stored communications and limits when public communication and remote computing providers may disclose stored contents. Note that the separate violation-of-privacy statute, 11 Del. C. § 1335(a)(4), makes intercepting private messages without the consent of all parties a misdemeanor, so Delaware's recording-consent rule is often described as unsettled.