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Facebook, Inc. v. State

296 A.3d 492 (2023)

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Facebook, Inc. v. State

New Jersey Supreme Court
296 A.3d 492 (2023)

Facts

New Jersey police suspected two Facebook users were committing drug offenses. In each case, the police applied for a Communications Data Warrant (CDW) based on probable cause to suspect criminal activity. Both CDWs were granted. Each CDW directed Facebook, Inc. (plaintiff) to provide the users’ historical communications from preceding months, which Facebook did. However, the CDWs also instructed Facebook to provide the contents of each user’s future communications for the next 30 days in 15-minute increments, which was the closest to real time that Facebook’s systems supported. Facebook moved to quash that portion of the CDWs, arguing that a wiretap order, which required more than mere probable cause, was necessary to access the future communications. The government countered that a wiretap order was not necessary because the communications were not being intercepted in real time but were instead being retrieved from Facebook’s servers after 15 minutes, making them stored communications. The trial court reviewing each motion agreed with Facebook and quashed the portion of the CDWs concerning prospective communications. The state appellate court consolidated the cases and reversed, holding that wiretap orders were not necessary. Facebook appealed.

Rule of Law

Issue

Holding and Reasoning (Rabner, J.)

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