no rx 0, diagnosis 4560121.story?coll=ny-region-apnewjersey”>Court finds NJ users can expect privacy from Internet providers –

I’m quoted in this article about State v. Reid (.pdf), buy new court ruling out of New Jersey that suppresses evidence improperly subpoenaed from an ISP in a criminal investigation.  The ruling is important in that it recognizes a constitutional right to privacy in personal information held by third parties, though not under the federal Fourth Amendment.  I think the opinion overstates quite a bit how much consensus federal courts have reached that information, including communications, held by third parties is no longer private.  Rather than distinguish federal law, however, the case depends on the New Jersey constitution, which the court says protects a right to privacy that includes controlling the dissemination of information about oneself.  The ruling doesn’t say that law enforcement can never access this information, but only that they must do so with appropriate legal process, to ensure that police need for access is appropriately balanced with individual rights.   I’m not an expert in NJ state privacy law by any means, but I’d be interested to know more about whether the state constitutional right to privacy controls private parties and how the right interacts with First Amendment law, for example, reporting about celebrities.