Ground Breaking New Jersey Decision : Expectation of Privacy in IP address

In a case where a disgruntled employee changed the password and shipping address of her employer, a New Jersey court ruled in New Jersey v. Reid, that, under the New Jersey Constitution, one has an expectation of privacy in our Internet identities, our IP address and screen names. The defendant had changed the password and shipping address of her employer, using his password.

This is a very interesting decision, as American courts do not recognize an expectation of privacy in information held by a third party, and our IP address, screen nameswords.... are known by our Internet providers, and even by the sites we visit.

In Smith v. Maryland, the Supreme Court had held in 1979 that one does not have have expectation of privacy in our bank accounts, as they are held by a third party. However, New Jersey recognizes" a right to what has been called"informational privacy,"" which had been defined as "shorthand for the ability to control the acquisition or release of information about oneself".

But the New Jersey Court held that “citizens have a reasonable expectation of privacy, protected by Article I, Paragraph 7, of the New Jersey Constitution, in the subscriber information they provide to Internet service providers – just as New Jersey citizens have a privacy interest in their bank records stored by banks and telephone billing records kept by phone companies.”

It will be an interesting to see if this case will be the first of many more. EPIC's amicus brief here.