The New Jersey Supreme Court has become the first State court in the nation to require that ISPs must be presented with a subpoena before releasing private user data. pende_tim sends us this New York Times report that notes that New Jersey's constitution gives greater protection against unreasonable searches and seizures than the U.S. Constitution.

The case in question involved a Comcast user and New Jersey resident who argued with her boss, then allegedly changed his access passwords to a supplier's website. While the prosecutor sought a a subpoena, they didn't seek a criminal grand jury subpoena. Groups like EPIC, the EFF, the ACLU and others defended the woman, arguing the State ought to follow its own privacy rules. The ruling (pdf) agrees:The Cape May County prosecutor will be seeking a grand jury subpoena and a new indictment against the woman. This was the first ruling in the nation to recognize a reasonable expectation of privacy for Internet users.