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Monday, April 21, 2008

New Jersey high court rules subpoena needed to obtain Internet user records
David Frueh at 6:11 PM ET

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[JURIST] The New Jersey Supreme Court [official website] Monday ruled [PDF text] that Internet service providers may not turn over users' personal information to police or other agencies unless they obtain a valid grand jury subpoena when the information sought relates to an indictable offense. The court held that the New Jersey constitution [text] affords greater protections than the US Constitution against unreasonable searches and seizures.

The unanimous decision upheld a lower court's ruling suppressing information obtained from Internet provider Comcast [corporate website] identifying a woman who changed access codes on her employer's account with a supplier. The court found the municipal court subpoena for the data obtained by police inadequate because an indictable offense was at issue. AP has more.



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