Court requires subpoena for Internet subscriber records
Court Alerts
Internet service providers must not release personal information about users in New Jersey without a valid subpoena, even to police, the state's highest court ruled Monday.
New Jersey's Supreme Court found that the state's constitution gives greater protection against unreasonable searches and seizures than the U.S. Constitution.
The court ruled that Internet providers should not disclose private information to anyone without a subpoena.
A Washington lawyer who handles Internet litigation, Megan E. Gray, said the ruling "seems to be consistent with a trend nationwide, but not a strong trend."
"It's contrary to what is happening with rights of privacy at the federal level," Gray said. "But it's all over the board for the states, with a mild trend toward protecting this information."
Grayson Barber, a lawyer representing the American Civil Liberties Union, Electronic Frontier Foundation and the Electronic Privacy Information Center, among other groups that filed friend-of-the-court briefs in the case, said it was the first ruling in the nation to recognize a reasonable expectation of privacy for Internet users.
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IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.
