A US court has ruled that users have a "reasonable expectation of privacy" in their internet surfing records and that police must obtain warrants from higher than usual courts in order to force ISPs to hand over records.
The Supreme Court of the state of New Jersey said that information about a person's use of the internet was so private that police there cannot order ISPs to release surfing details of suspects with a municipal court subpoena. They must receive a grand jury subpoena, it said.
"The court holds that citizens have a reasonable expectation of privacy in the subscriber information they provide to internet service providers,'' said the Court's ruling. "Law enforcement officials can obtain subscriber information by serving a grand jury subpoena on an Internet service provider without notice to the subscriber."
"Individuals need an ISP address in order to access the internet," said Chief Justice Rabner in his ruling. "However, when users surf the web from the privacy of their homes, they have reason to expect that their actions are confidential. Many are unaware that a numerical IP address can be captured by the websites they visit. More sophisticated users understand that that unique string of numbers, standing alone, reveals little if anything to the outside world. Only an internet service provider can translate an IP address into a user’s name."
The case involved Shirley Reid, who was accused of hacking into her employer's computer system.
After Reid's ISP, Comcast, handed over details of her account, including the IP address from which she accessed the internet, she was found guilty of computer theft in connection with the hacking incident.
The Supreme Court of the state of New Jersey said that information about a person's use of the internet was so private that police there cannot order ISPs to release surfing details of suspects with a municipal court subpoena. They must receive a grand jury subpoena, it said.
"The court holds that citizens have a reasonable expectation of privacy in the subscriber information they provide to internet service providers,'' said the Court's ruling. "Law enforcement officials can obtain subscriber information by serving a grand jury subpoena on an Internet service provider without notice to the subscriber."
"Individuals need an ISP address in order to access the internet," said Chief Justice Rabner in his ruling. "However, when users surf the web from the privacy of their homes, they have reason to expect that their actions are confidential. Many are unaware that a numerical IP address can be captured by the websites they visit. More sophisticated users understand that that unique string of numbers, standing alone, reveals little if anything to the outside world. Only an internet service provider can translate an IP address into a user’s name."
After Reid's ISP, Comcast, handed over details of her account, including the IP address from which she accessed the internet, she was found guilty of computer theft in connection with the hacking incident.
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