Reactions
Privacy advocates have hailed this decision as yet another in an increasingly long line of New Jersey cases that have provided privacy protections beyond those provided by the U.S. Constitution. New Jersey's version of the 4th Amendment extends protection to bank records, phone records, and ISP records, an approach which, according to computer crime expert Orin S. Kerr, "regulates what needs to be regulated and does so with as much privacy protection as needed but no more."
Though many privacy scholars and advocates were satisfied with the court's decision in this case, some were disappointed that the court did not go a step further by requiring notice to the IP subscriber. Others believe that the requirement of a grand jury subpoena does not go far enough to prevent unreasonable searches and seizures; a few commentators have advocated that the court require law enforcement to obtain a search warrant based on a finding of probable cause before accessing ISP subscriber records.
Read more about this topic: State V. Reid
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