11 Del. C. § 931 (2026)

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) “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.

(3) “Computer” means a programmable, electronic device capable of accepting and processing data.

(4) “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.

(5) “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.

(6) “Computer services” includes, but is not limited to, computer access, data processing and data storage.

(7) “Computer software” means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation.

(8) “Computer system” means a computer, its software, related equipment and communications facilities, if any, and includes computer networks.

(9) “Data” means information of any kind in any form, including computer software.

(10) “Electronic mail” or “e-mail” means any message that is automatically passed from an originating address or account to a receiving address or account;

(11) “Electronic mail service provider” means any person who:

a. Is an intermediary in sending and receiving electronic mail; and

b. Provides to end-users of electronic mail services the ability to send or receive electronic mail.

(12) 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.

(13) “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.

(14) “Private personal data” means data concerning a natural person which a reasonable person would want to keep private and which is protectable under law.

(15) “Property” means anything of value, including data.

(16) “Originating address” or “originating account” means the string used to specify the source of any electronic mail message (e.g. [email protected]);

(17) “Receiving address” or “receiving account” means the string used to specify the destination of any electronic mail message (e.g. [email protected]);

64 Del. Laws, c. 438, §  1;  72 Del. Laws, c. 135, §  3;