The Supreme Court of New Jersey recently became one of the first courts in the nation to determine that Internet users have a Constitutional right to privacy under Article I of the New Jersey Constitution. Because of the ruling, a grand jury warrant will be required before law enforcement officials can access personal information about the Internet users.
The Court considered the issue after Shirley Reid was charged with second-degree theft for allegedly hacking into her employer’s computer system from her home computer. When her employer asked Comcast for the identity of the person who accessed the employer’s computer network, Comcast refused to do so without a subpoena. Investigators then obtained a municipal court subpoena and served it on Comcast. Comcast complied with the subpoena and identified Reid as the person who accessed the employer’s network.
A New Jersey superior court suppressed the evidence based on the fact that investigators did not obtain a grand jury subpoena. A state appellate court agreed, and the Cape May County Prosecutor’s Office appealed to the New Jersey Supreme Court, which unanimously upheld the decision. The Prosecutor’s Office has indicated that it intends to continue pursuing the case by requesting the appropriate grand jury subpoena.
Although the United States Supreme Court concluded that there is no federal Constitutional right to privacy on the Internet, the New Jersey law will take precedent in New Jersey cases involving Internet privacy.