Court requires subpoena for Internet subscriber records
Court Alerts
Internet service providers must not release personal information about users in New Jersey without a valid subpoena, even to police, the state's highest court ruled Monday.
New Jersey's Supreme Court found that the state's constitution gives greater protection against unreasonable searches and seizures than the U.S. Constitution.
The court ruled that Internet providers should not disclose private information to anyone without a subpoena.
A Washington lawyer who handles Internet litigation, Megan E. Gray, said the ruling "seems to be consistent with a trend nationwide, but not a strong trend."
"It's contrary to what is happening with rights of privacy at the federal level," Gray said. "But it's all over the board for the states, with a mild trend toward protecting this information."
Grayson Barber, a lawyer representing the American Civil Liberties Union, Electronic Frontier Foundation and the Electronic Privacy Information Center, among other groups that filed friend-of-the-court briefs in the case, said it was the first ruling in the nation to recognize a reasonable expectation of privacy for Internet users.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.