The New Jersey Supreme Court has ruled that Internet users have a constitutionally protected privacy interest in the disclosure of their identities when surfing the web. (This from a case in which JD Supra contributors EFF and EPIC jointly filed an amicus brief.)
The Court based its decision on the state Constitution – which the New Jersey courts have interpreted to provide greater protection than the federal Constitution – and the factual finding that "Internet users today enjoy relatively complete IP address anonymity when surfing the web." (Read the entire decision here.)
Interestingly, the Court also noted that "if one day new software allowed individuals to type IP addresses into a ‘reverse directory’ and identify the name of a user . . . today’s ruling might need to be reexamined."
Is the Court saying that companies can eliminate the right to privacy recognized by this decision simply by finding ways to violate it? This seems a bit circular to me. What are your thoughts?