John Hines in our Chicago office is one of the authors of “Anonymity, Immunity and Online Defamation: Managing Corporation Exposures,” published in the Sedona Conference Journal and cited by the 7th Circuit. Earlier this month, the 9th Circuit rendered a decision many think may erode immunity accorded to ISPs, websites and services with defamatory content posted on their sites (Fair Housing Council v. Roommates.com). But did you know that last week, the New Jersey Supreme Court rendered a significant decision recognizing a privacy interest in subscriber data which may impact corporations’ ability to pierce anonymity (State v. Reid). John has authored a Rimon Bulletin noting this extraordinary decision, departing from U.S. Constitutional standards and holding that the right to privacy extends to subscriber data in the possession of an ISP. The case involves a company that gave local police the IP address, registered to Comcast, of an employee on leave who visited a company supplier’s website, making unauthorized changes. After she was indicted, lawyers moved to suppress the evidence, arguing that without a valid subpoena, the employee’s expectation of privacy barred Comcast’s disclosure. New Jersey agreed, expressly extending its State “Constitutional” right of privacy to subscriber data provided to ISPs, noting “[u]sers make disclosures to ISPs for the limited goal of using that technology and not to promote the release of personal information to others.” Given the state of technology, the “IP addresses cannot be matched to an individual user without the help of an ISP,” and users have a reasonable expectation of privacy. Although the ruling is in the context of a criminal case, it will likely present challenges for corporations pursuing civil remedies and seeking to pierce the anonymity of individuals responsible for defamation and other speech torts. John and a team of Rimon lawyers know this area—reach out to him.
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