New Jersey authorities argued a communications warrant was sufficient for near real-time access to Facebook accounts.
, the state Supreme Court found the nearly real-time surveillance of a person’s social media was the “functional equivalent” of tapping their phone.
At the center of the dispute were two New Jersey men identified in court papers only under the pseudonyms Anthony and Maurice. In separate cases, investigators from the New Jersey State Police and the Atlantic County Sheriff’s Office sought access to their Facebook accounts based on suspicions the men were using the platform to sell drugs.
Facebook partially complied, turning over communications and location data stored right before the date the warrant was issued, but declined to give them continued access to the accounts going forward. On Wednesday, the high court found New Jersey should follow the rules that exist elsewhere in the country.
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