Arguing an issue of first impression in New Jersey, the New Jersey State Bar Association said Facebook Messenger communications demand a heightened standard of required showings before a judge can issue a warrant to obtain those messages. NJSBA Board Trustee Brian Neary argued on behalf of the NJSBA as amicus curiae in Facebook v. New Jersey before the state Supreme Court that a hybrid standard—somewhere between that necessary for a communications data warrant (CDW) and a wiretap order—should be developed for these communications. Neary authored the brief along with past NJSBA President Robert B. Hille, Holly A. Maynard, James H. Maynard and Matheu D. Nunn.

“We see this as an opportunity to highlight the need and the role of the courts and legislatures to adapt to changes in technology,” said Neary to the Supreme Court. “Technology like Facebook Messenger or other similar platforms has undoubtedly made it easier for people to freely and course effectively communicate and express their ideas.”

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