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Court Upholds Right of 'Informational Privacy' to Internet Account

By Mary Pat Gallagher
January 31, 2007

In a case of first impression under New Jersey law, an appeals court has held that Internet subscribers have a reasonable expectation of privacy, allowing a challenge to a subpoena that led to an indictment for computer-related theft.

The ruling, handed down on Jan. 22, is grounded on the New Jersey Constitution's implied right of privacy and on precedents that the court termed 'highly protective' of that right, even as to data in third parties' hands.

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