Online Privacy Prevails as NJ Court Demands Valid Subpoena
By Sarah Vasques
22:06, April 22nd 2008
45 votes
Vote this story
Online Privacy Prevails as NJ Court Demands Valid Subpoena

New Jersey’s Supreme Court has ruled that a valid subpoena is required to demand ISPs to reveal the user of a specific IP address. The police is no exception to this requirement. The ruling is allegedly the very first US ruling that acknowledges users are entitled to a reasonable degree of privacy protection, according to Grayson Barber, a lawyer representing Internet rights groups.

Moreover, the decision was reached unanimously by New Jersey’s Supreme Court, which also underlined that the state grants, through the New Jersey constitution, greater protections than the US Constitution against unreasonable searches and seizures.

The decision stems from a case of an employee who changed access codes on her employer's account with a supplier. The police, with a municipal court subpoena, obtained personal data from her ISP, Comcast. The Supreme Court has found that a lower court's ruling was to be upheld in that it threw out the information obtained inadequately.

Shirley Reid, the employee at issue, had been on disability leave and was, according to the company's owner, the only employee who knew the company's computer password and ID on a supplier website. The subpoena by the Lower Township Municipal Court listed "Timothy C. Wilson, Plaintiff, vs. Shirley Reed [sic], Defendant," as the case at issue although none actually existed at the time.

"The State 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 the police, and the conduct of the police did not affect the information," said the NJ Supreme Court's Chief Justice Stuart Rabner in the unanimous 7-0 ruling.

This means that probably Reid may have to face the consequences of her unauthorized computer access used to retaliate against her employer.



© 2007 - 2008 - eFluxMedia
Share the News:
Del.icio.us Digg Stumble Upon Facebook Newsvine Mixx
dotclear

Other News in

Report: Confidential data again goes missing in Britain

London - A computer disk containing the personal data of around 5,000 prison workers in Britain has gone missing, in another case of several similar incidents that have embarrassed the British...

Google Wants to Take Over the World with Chrome Browser

Google Wants to Take Over the World with Chrome Browser

Google has launched its Google Chrome browser, and competitors are quite worried. They are worried not because Google has entered the browser war (which was expected for some time) but because Chrome...

The Dawn of the Chrome Age

The Dawn of the Chrome Age

One week ago, Google launched its open-source browser called Chrome, which is beta software aimed at catering for the consumers’ need to have a modern platform for their browsing and web...

The Gates and Seinfeld Ad

The Gates and Seinfeld Ad

The first Bill Gates - Jerry Seinfeld ad has arrived. It marks the largest consumer marketing campaign in the history of Microsoft, with a $300 million contract. Apparently the ad leads...

Ready To Rock? Two Days Left To Apple's San Francisco Event!

Ready To Rock? Two Days Left To Apple's San Francisco Event!

Although we have official confirmation of the September 9 event in San Francisco, we still know too little about what Apple is really going to do. So as we wait, rumors seem to multiply on a daily...

dotclear
Latest videos in Technology
Jerry Seinfeld Microsoft...
Sony recalls PCs
Citius, altius, electronicius
Inside The Bloggers Lounge
For Sharapova, Diamonds Are a...

dotclear
Technology You are here: Technology
» Technology   » Gadgets   » Video Games   
E-mail To A Friend Print RSS Text size: Decrease font size Increase font size
dotclear
dotclear
dotclear
Most Popular in Technology
Large Hadron Collider Raises Much ConcernLarge Hadron Collider Raises Much Concern

» read full story
dotclear

Interested In This Topic?

News Alert will keep you informed. Find out more.
dotclear
Photos Gallery
dotclear
Today's Latest News
Questionable Box Office Success for CageQuestionable Box Office Success for Cage

» read full story
dotclear