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April 18, 2008


Sean Harrington

Speaking of privacy, Damien, the NJ Supreme Court yesterday ruled in an evidence suppression case that, under the NJ Constitution, an Internet user has the right to privacy in the subscriber information maintained by the individual's Internet service provider.

Said the court, "[C]itizens have a reasonable expectation of privacy in the subscriber information they provide to Internet service providers . . . Accordingly, the motion to suppress . . . was properly granted because the police used a deficient municipal subpoena. Law enforcement officials can obtain subscriber information by serving a grand jury subpoena on an Internet service provider without notice to the subscriber. The state (law enforcement) may seek to reacquire the information with a proper grand jury subpoena because records of the information existed independently of the faulty process used by police, and the conduct of the police did not affect the information."

See: http://www.judiciary.state.nj.us/opinions/supreme/A-105-06%20State%20v%20Shirley%20Reid.pdf

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