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N.J. recognizes privacy in ISP information, but not from a grand jury subpoena

By John Wesley Hall, Jr.

Defendant allegedly used her home computer to access an Internet website belonging to a supplier for her employer's business. While on the supplier's website, she allegedly changed her employer's password and shipping address to a non-existent address. The supplier reported the changes to the business owner. A computer specialist captured the user's IP address, and a subpoena duces tecum issued by a municipal court was served on the user's ISP, which released personal information pertaining to the IP address. Under N.J. Const. art. I, ¶ 7, the court held that citizens had a reasonable expectation of privacy in the subscriber information they provided to ISPs. Accordingly, the motion to suppress by defendant was properly granted because the police used a deficient municipal subpoena...continue to full post

Full post as published by Fourth Amendment on April 22, 2008 (boomark / email).