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.Continue Reading NJ Supreme Court: Wiretap Order Required for Prospective Online Communications
John Roche is a member of the firm’s Commercial Litigation practice and the Privacy & Security Law practice. He focuses his practice on commercial litigation and counseling, particularly in the areas of privacy, security, internet and communications law.
The U.S. District Court for the Northern District of Illinois recently found that in order for cell tower warrants to be supported by probable cause and satisfy Fourth Amendment concerns, they must include protocols limiting the government’s collection of information from individuals not involved in the underlying criminal activity. In In re Application for Tower Dump Data for a Sex Trafficking Investigation, No. 23 M 87, 2023 WL 1779775 (N.D. Ill. Feb. 6, 2023), the court only approved a “tower dump” warrant, commonly named as such for its tendency to sweep broadly and collect innocent third parties’ information, after the government provided restrictions on its search.Continue Reading Northern District of Illinois Clarifies Standards for Tower Dumps