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Author Topic: Aliases can be private in NJ  (Read 484 times)

t'Sade

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Aliases can be private in NJ
« on: January 23, 2007, 10:05:00 AM »

http://www.boingboing.net/2007/01/23/internet_users_alias.html
http://www.philly.com/mld/inquirer/news/local/states/new_jersey/16523187.htm

This is about a NJ Supreme Court decision that screen names (alises) are a reasonable expectation of anonymity. One of the really interesting things in the article is that the Federal court doesn't feel that screen names and alises are an expectation of privacy because you give your information to your ISP.
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KK

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Re: Aliases can be private in NJ
« Reply #1 on: January 23, 2007, 12:23:15 PM »

Weird.

If there is no probable cause a search or information request is illegal, of course.
If it is illegal, then the question whether it is against privacy laws or not is a moot point.

On the other hand: the only thing required is a probable cause. In which case it doesn't really matter what information authorities ask for, the ISPs have to provide it if they have it and obtained it legally in the first place. (Actually in Germany it is still disputed whether evidence gathered due to ISPs storing data despite their requirement to delete it is admissible in court. There both good reasons for and against it.)

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