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 ruling [1] (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.