Tuesday, April 22, 2008

Internet privacy law update

While on the internet, any website that you visit can record your numerical IP address. Anyone can determine which internet service provider (ISP) provides your internet service. To obtain more information, such as your name, is often not possible unless your ISP releases it. The New Jersey Supreme Court that there is an expectation of privacy. As Southern Appeal writes:
On Monday, the New Jersey Supreme Court held that New Jersey citizens had a reasonable expectation of privacy in the subscriber information which they provide to their internet providers particularly their IP address which his/her ISP assigns to him/her for use in accessing the internet. The decision is available here. (h/t to How Appealing). The Court did so based upon the New Jersey Constitution’s prohibition on unreasonable searches and seizures which has been interpreted to be broader in its scope than the protection afforded by the similar language found in the Fourth Amendment of the U.S. Constitution.
This reasonable expectation of privacy means that a subpoena is required before your ISP can identify you. So far, privacy rights in other states are not clear.

PREVIOUSLY, privacy rights have been discussed in relation to medical records, hard disk repairs, and e-mail.

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