Why Google won't protect you
from big brother
New Jersey Wiretapping and
Electronic Surveillance Control Act
Indeed, New Jersey law addresses this. Additionally, law enforcement authorities in New Jersey may also use wiretaps to obtain electronic evidence "in real time."*
Communication Data Warrants
No CDW shall issue unless the law enforcement agency provides:
- specific and articulable facts
- showing reasonable grounds to believe
- the record or other information
- pertaining to a customer
- of an electronic communication service, remote computing service or communication common carrier
- is relevant and material to an ongoing criminal investigation.
- a record,
- location data for a customer's mobile/wireless communications device, or
- other information pertaining to a customer of the service.
New Jersey law empowers law enforcement authorities to get this information under these circumstances without notification to the individual.
Furthermore, the law generally shields any service provider, officer, employee, agent and other specified person who cooperates with the government from civil liability.
A service provider may move before the court to quash or modify the order if:
- the information or records requested are unusually voluminous, or
- compliance would otherwise cause an undue burden.
- telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address;
- local and long distance telephone connection records or records of session times and durations;
- length of service, including start date, and types of services utilized; and
- means and source of payment for such service, including any credit card or bank account number,
* A wiretap order permits the interception by law enforcement of a communication contemporaneous with the transmission.
New Jersey Trial Advocate Michael Smolensky, Esq., knows how to protect his clients. Mr. Smolensky can provide consultations on all cases involving Communication Data Warrants and Subpoenas. Call Now—(856) 812-0321.