Security News > 2023 > June > Cops told: Er, no, you need a wiretap order if you want real-time Facebook snooping

New Jersey cops must apply for a wiretap order - not just a warrant - for near-continual snooping on suspects' Facebook accounts, according to a unanimous ruling by that US state's Supreme Court.

"We also find that the nearly contemporaneous acquisition of electronic communications here is the functional equivalent of wiretap surveillance and is therefore entitled to greater constitutional protection."

The case dates back to March 2021 when two law enforcement agencies - New Jersey State Police and the Atlantic County Sheriff's Office - applied for and were granted communications data warrants to obtain real-time data from two Facebook account holders.

They also wanted "Stored electronic communications," which included "Real time access to email with attachments, whether opened or unopened"; "Private messaging content"; and "Real time access to media uploaded to the account[s]," including images, videos, audio files, and "The contents of private messages in all message folders."

Facebook turned the historical data over to the cops, but fought back against the future communications part, arguing that it was an attempt to bypass state and federal wiretap laws.

The police and lower court said the wiretap order was only needed if, or when, they ordered the social media giant to intercept communications.

News URL

https://go.theregister.com/feed/www.theregister.com/2023/06/30/new_jersey_cops_facebook_wiretap/