Legal Definitions - Delaware

In the context of legal regulations, Delaware refers to the specific body of laws enacted by the State of Delaware to govern various aspects of electronic communication, consumer protection, and computer-related crimes. These laws aim to safeguard individuals from unsolicited digital messages, deceptive business practices, and serious offenses involving technology, particularly those targeting children.

Key areas covered by Delaware law include:

• Commercial Email and Spam: Delaware prohibits sending unsolicited or unauthorized electronic mail (spam) and makes it a misdemeanor to ignore requests from recipients to stop sending such communications.
• Telemarketing and Telephonic Anti-Solicitation: The Delaware Telemarketing Fraud Act provides protections against fraudulent practices carried out over the phone.
• Unlawful Trade Practices: Delaware has robust consumer protection laws, including the Consumer Fraud Act and the Uniform Deceptive Trade Practices Act, which prohibit businesses from engaging in misleading or unfair practices. There are also specific prohibitions against deceptive clauses in consumer contracts.
• Pornography: The transmission of child pornography via email is classified as a felony under Delaware law.
• Computer-Related Crime: Beyond spam, Delaware law addresses other computer-related offenses, such as the use of email for the sexual solicitation of a child, which is considered a felony.

Here are some examples illustrating the application of Delaware's laws in these areas:

• Example 1 (Commercial Email and Spam): A Delaware-based online retailer launches a new product and sends out millions of promotional emails to a purchased list of email addresses, none of whom have opted in to receive communications from the retailer. Many recipients mark these emails as spam and click the "unsubscribe" link provided. However, the retailer's system is faulty, and these individuals continue to receive daily promotional emails for several weeks. This scenario illustrates a violation of Delaware's law against sending "unrequested or unauthorized electronic mail" and the "failure to promptly cease electronic communication upon request." The retailer's actions of sending unsolicited emails and failing to honor unsubscribe requests could lead to misdemeanor charges under Delaware statutes.

• Example 2 (Deceptive Trade Practices and Telemarketing): A company operating out of Wilmington, Delaware, runs a telemarketing campaign offering "free home energy audits." During the calls, agents emphasize that the audit is completely free with no obligation. However, when a technician arrives for the audit, they pressure the homeowner into signing an expensive contract for unnecessary insulation upgrades, claiming the "free audit" was contingent on purchasing their services. This situation falls under Delaware's consumer protection laws, specifically the Delaware Telemarketing Fraud Act and the Consumer Fraud Act. The company's misleading telemarketing pitch and subsequent high-pressure sales tactics constitute deceptive trade practices, as they create a false impression about the "free" service to induce a sale, which Delaware law aims to prevent.

• Example 3 (Computer-Related Crime and Child Exploitation): An individual living in Dover, Delaware, uses an anonymous email account to send graphic images and videos depicting child sexual abuse to several contacts. In a separate instance, the same individual uses email to initiate conversations with a minor they met online, attempting to persuade the child to meet in person for inappropriate activities. This example demonstrates two serious violations of Delaware's computer-related crime laws. The email transmission of child pornography constitutes a felony under Delaware law. Furthermore, using email communications to sexually solicit a child is also a Class C Felony in Delaware, highlighting the state's strict stance against online exploitation of minors.