New Jersey State Bar Association headquarters at 1 Constitution Square, New Brunswick, NJ. Credit: Google New Jersey State Bar Association headquarters at 1 Constitution Square, New Brunswick, NJ. Credit: Google

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NJSBA to state Supreme Court: Facebook communications subject to heightened privacy protections before issuing warrant

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.