Beware internet users…your personal information may not be private under the law!

In the past our United States federal courts have ruled that you have no expectation of privacy in your internet screen name, real name, address or any activity that you do on the internet…Can you believe it?

Earlier this week, the New Jersey Appellate Division handed down an important decision regarding this issue interpreted under the New Jersey Constitution. As a result of this case, State v. Reid, it appears that police who want information related to someone’s screen name from an internet service provider will have to obtain either a search warrant, a grand jury subpoena or an order to produce from the Superior Court based upon a showing of probable cause. The facts in this case were that the police obtained information related to a suspect’s on-line screen name by simply serving a subpoena issued out of a municipal court (which proved to be invalid) upon the internet service provider, Comcast. Comcast complied with the subpoena and provided the information to the police, which ultimately lead to the arrest of the defendant. This ruling adds to the pantheon of cases where people in New Jersey receive more protection under Article I, paragraph 7 of the State Constitution of 1947 than they would otherwise receive under the fourth Amendment to the United States Constitution. See State v. Reid here: State v. Reid.pdf
Under NJ law, your information is protected from free access. To the contrary, federal case law holds that internet subscribers have no right to privacy under the Fourth Amendment of the United States Constitution with respect to identifying information on file with an internet service provider.