The Supreme Court of New Jersey unanimously held that a wiretap order, rather than a search warrant, is required to seek “prospective electronically stored information” from Meta Platforms, Inc., the provider of the Facebook and Instagram services. Facebook, Inc. v. State, 254 N.J. 329, 341 (2023). The court reasoned that “the nearly contemporaneous acquisition of electronic communications … is the functional equivalent of wiretap surveillance and is therefore entitled to greater constitutional protection.” Wiretap orders are subject to heightened privacy protections, providing greater protections for users.
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