## Facts

- Shirley Reid worked for Jersey Diesel, which used Donaldson Company’s online ordering website.
- After a workplace dispute on August 24, 2004, Reid argued with the owner and left work.
- Shortly thereafter, someone accessed Jersey Diesel’s Donaldson account, changed the account password, and altered the shipping address to a non-existent address.
- Donaldson recorded the IP address associated with the account changes and provided the IP address to the owner of Jersey Diesel.
- Because only the internet service provider (ISP) could link the IP address to a subscriber, the owner contacted Comcast; Comcast refused to disclose subscriber information without legal process.
- Police obtained a municipal-court subpoena duces tecum to Comcast captioned as a civil matter between the owner and Reid, despite no such case being pending, seeking subscriber information for the IP address.
- Comcast produced subscriber-identifying information linked to the IP address, including Reid’s name, address, and account details.
- Reid was arrested and later indicted for second-degree computer theft.
- Reid moved to suppress the Comcast subscriber information as unlawfully obtained; the trial court granted suppression, and the appellate court affirmed.

## Issues

1. Whether, under Article I, Paragraph 7 of the New Jersey Constitution, an internet subscriber has a reasonable expectation of privacy in ISP-held subscriber-identifying information linking a person to an IP address.
2. If such a privacy interest exists, what form of legal process is constitutionally sufficient for law enforcement to obtain ISP subscriber information without notice to the subscriber.
3. Whether suppression is the proper remedy when law enforcement obtains ISP subscriber information through an invalid subpoena.

## Decision

- The New Jersey Supreme Court held that internet subscribers have a reasonable expectation of privacy in the subscriber information they provide to ISPs under Article I, Paragraph 7.
- The Court ruled that law enforcement may obtain ISP subscriber information without notice through a properly issued grand jury subpoena.
- The Court concluded that the municipal subpoena used here was defective (including lack of a related proceeding and lack of municipal-court authority for an indictable offense) and could not justify obtaining the records.
- The Court upheld suppression of the subscriber information obtained from Comcast and remanded for further proceedings.

## Legal Principles

- Article I, Paragraph 7 of the New Jersey Constitution protects a reasonable expectation of privacy in ISP subscriber-identifying information that links an IP address to a person.
- New Jersey recognizes privacy interests in certain third-party business records (including bank and telephone billing records), and ISP subscriber records are treated similarly for state constitutional purposes.
- The government’s acquisition of ISP subscriber-identifying information requires valid legal process; a properly issued grand jury subpoena is constitutionally sufficient for this category of information.
- Evidence obtained through an invalid subpoena process may be suppressed.

## Conclusion

The court recognized state-constitutional privacy protection for ISP subscriber-identifying information and held that, while law enforcement may obtain such information via a proper grand jury subpoena, subscriber data obtained through a defective municipal subpoena must be suppressed.


State v. Reid, 194 N.J. 386, 945 A.2d 26 (2008)