New Jersey Stands Up For ISP User Privacy
Broadband Reports, April 20, 2008
The New Jersey Supreme Court has become the first State court in the nation to require that ISPs must be presented with a subpoena before releasing private user data. pende_tim sends us this New York Times report that notes that New Jersey's constitution gives greater protection against unreasonable searches and seizures than the U.S. Constitution.
The case in question involved a Comcast user and New Jersey resident who argued with her boss, then allegedly changed his access passwords to a supplier's website. While the prosecutor sought a a subpoena, they didn't seek a criminal grand jury subpoena. Groups like EPIC, the EFF, the ACLU and others defended the woman, arguing the State ought to follow its own privacy rules. The ruling (pdf) agrees:
We now hold that citizens have a reasonable expectation of privacy, protected by Article I, Paragraph 7, of the New Jersey Constitution, in the subscriber information they provide to Internet service providers – just as New Jersey citizens have a privacy interest in their bank records stored by banks and telephone billing records kept by phone companies.
The Cape May County prosecutor will be seeking a grand jury subpoena and a new indictment against the woman. This was the first ruling in the nation to recognize a reasonable expectation of privacy for Internet users.
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