Data Privacy and Cybersecurity Law in Delaware

Federal law

• Communications Decency Act § 230

  Federal law that immunizes interactive computer services from liability for third-party content. Foundational to the modern Internet. Codified at 47 U.S.C. § 230.

• Electronic Communications Privacy Act of 1986

  Federal law extending restrictions on government wiretaps to include electronic data transmitted by computer. Includes the Wiretap Act, Stored Communications Act, and Pen Regist…

• Privacy Act of 1974

  Governs federal-agency collection, use, and disclosure of personally identifiable information. Codified at 5 U.S.C. § 552a.

• Children’s Online Privacy Protection Act of 1998

  Imposes parental-consent and notice requirements on online services collecting personal information from children under 13. Codified at 15 U.S.C. §§ 6501–6506.

• CAN-SPAM Act of 2003

  Sets the national standard for commercial email, requires unsubscribe options and accurate headers. Codified at 15 U.S.C. §§ 7701–7713.

• Video Privacy Protection Act of 1988

  Restricts disclosure of personally identifiable information by videotape service providers; now actively litigated against streaming platforms. Codified at 18 U.S.C. § 2710.

• Clarifying Lawful Overseas Use of Data Act

  Allows U.S. law enforcement to compel disclosure of data stored abroad by U.S.-based providers; authorizes executive agreements with foreign governments. Codified at 18 U.S.C. §…