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NJ Supreme Court Rules For Internet Privacy
dprovine writes "The New Jersey Supreme Court
has ruled that ISPs can't release customer information without a warrant. The unanimous decision reads in part 'We now hold that citizens have a reasonable expectation of privacy protected by Article I ... 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.'"
I'm not a lawyer but I thought precedence was set for this in US Vs Forrester where a $10 million drug operation had their e-mail, phone and IP address records obtained from their ISP without a warrant. They were guilty but not until the court case.
This happened just last year. How are they going to reconcile these two rulings?
My work here is dung.
But those poor folks still have to live in New Jersey.
now lets get the national supreme court to agree, then we'll be getting somewhere!
This is awesome, it means I can continue running my warez site and harvesting email addresses for my spam bots without fear of getting caught. Cheers judge!
The difference here is that this is State court, not Federal court. This ruling will have no effect on any Federal case made in or against citizens of New Jersey. It does have precedence over any State or Municipal actions made in New Jersey.
We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
Ask not what you can do for your country. Ask what your country did to you
So next time they'll get the correct warrant-- and STILL toss her butt in jail. I can live with that. As a creepy aside, I believe I went to high school with this chick.
Cogito Ergo Sum
AT&T's main NOC is in NJ. This is the NOC that handles most of their T1 traffic and troubles. They also have a smaller one in Kentucky, but the main one is in New Jersey.
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Of course, we've all known this made sense from the beginning. Was anyone really waiting for confirmation from the powers that be?
Comcast at least, won't now release subscriber information without a subpoena.This ruling requires that a grand jury must issue the subpoena not a municipal court. This raises the barrier quite a bit. The ruling is at:http://www.judiciary.state.nj.us/opinions/supreme/A-105-06%20State%20v%20Shirley%20Reid.pdf
Technology knows no bounds I tell you.
The text of the NJ court ruling is here: http://abajournal.com/files/A-105-06_State_v_Shirley_Reid.pdf
At least from my perspective. New Jersey courts are particularly active in holding that our State Constitution offers more protection than the federal constitution. (See State v. Nyhammer, 396 NJ Super 72, for a typically bizarre reading of the Fifth Amendment.*)
In this case, an appellate court had previously held that the New Jersey state constitution grants a broad-based right to "informational privacy." Some state constitutions explicitly grant a right to privacy; NJ doesn't, but the Court reads our constitution as having one anyway. And then the appellate court expanded this judicially-granted right to include "informational privacy." The NJ Supreme Court rejected this expansion, although they said that they might change their minds if technology progresses to the point where IP addresses are more freely available.
All in all, I'm happy they ditched the Appellate Division's interpretation. I liked the idea of informational privacy, but I didn't like it coming through the courts.
*In that case, police officers read Nyhammer his Miranda rights. Nyhammer waived his rights, signed the Miranda card, and confessed to molesting an 11-year old girl. The appellate court held that Nyhammer's fifth amendment rights were violated; although he waived his rights, he didn't know at the time that he was a suspect. Therefore, his waiver wasn't really knowing and voluntary, and the court overturned his conviction. Talk about an expansive reading of a right against self-incrimination.
For all we know the moon may be as conscious as a poet or a realtor, and extremely weary of its monotonous round. - HLM
As a card carrying member of the ACLU, I regret this sort of case, but it is never the less the proper outcome. For all the people who hate the ACLU because the defend the "guilty" because of a technicality of law, remember this sort of case.
Sometimes the question of an individual's guilt is secondary to the precedent which would be formed. It is absolutely the space between the rock and the hard place. Do you let a criminal go free or do you let an abuse of power go unchecked?
More often than not, it is a "guilty" person who is on the receiving end of injustice such as invasion of privacy or violation of the 4th amendment. It is unfortunate that we don't have more clearly innocent people to protect. Generally speaking, police believe the "criminal" to be guilty. More often than not, they are, but this does not excuse a violation of constitutional rights to get a conviction.
Our rights are in place to prevent the innocent from being falsely convicted by creating a system of checks and balances that is supposed to prevent abuse by police, prosecutors, etc. Inherent in the system is the acknowledgment that people are corrupt and corruptible but the hope that not all people are in the same pockets.
My favorite example is O.J. Simpson. I am as confident that he killed his wife as I am that police planted evidence to get a conviction.
This is great until the Feds come in and unconstitutionally trump that like they do whenever they wis to step all over state law.
As a historical note, that's the way the Founders meant things to work.
The Federalist Papers tried to reassure people that the proposed new Federal government couldn't succeed as a tyranny because the states would defend the rights of state citizens.
This has been largely forgotten since the national government had to step in and override state-level oppression of African-Americans.
Would any lawyers care to opine about whether United States vs. Miller applies here?
In that case (425 U.S. 435, 442 (1976)) the Supreme Court ruled that phone records weren't private because they were information the customer voluntarily disclosed to the phone company that the phone company employees had routine access to.
Don't flame me, I didn't say it was _right_.
The court decided that the ISP CAN, or perhaps I mean must, give out the information without a warrant. All that is needed is a subpoena.
Orin Kerr discusses and links to the case at volokh.com, which isn't coming up for me right now.
Also, most of the commenters seem to have missed that this is a case about the new jersey constitution, not about the 4th amendment.
Above post is informative and insightful.
"better that ten guilty persons escape than that one innocent suffer"
Our liberties and freedoms were secured by the blood of our forefathers for a reason. There is no reason "important enough" to forsake those liberties and freedoms.
-ted
How would this judgement affect the Deep Packet Inspection methods used by Contextual based advertising activity by the likes of Phorm and Nebuad?
Your data is being sold to a third party.
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