Court: Police can get subscriber data from Internet provider

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A Time Warner customer lacked standing to challenge a search warrant for the disclosure of his Internet service subscriber data, the California Court of Appeal has ruled in affirming a conviction.

Police obtained a warrant requiring Time Warner to identify a suspected computer hacker through his Internet Protocol number. The subscriber information provided by Time Warner led police to the defendant.

The defendant moved to suppress, arguing that the search warrant was not supported by probable cause.

But the court held that a customer has no expectation of privacy in the subscriber information he supplies to his Internet provider.

In reaching this conclusion, the court relied on the U.S. Supreme Court’s holding in Smith v. Maryland (442 U.S. 735) that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.

“Here [the defendant] gave subscriber information to a business. In Smith, the court concluded that such information falls outside the Fourth Amendment’s privacy protections,” the court said.

California Court of Appeal, 2nd District. State v. Stipo, no. B218512. May 16.