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FACEBOOK, INC. v. STATE

DOCKET Nos. A-3350-20, A-0119-21.

273 A.3d 958 (2022)

471 N.J. Super. 430

FACEBOOK, INC., Plaintiff-Respondent, v. STATE of New Jersey, Defendant-Appellant. In re the Application of the State of New Jersey for a Communications Data Warrant Authorizing the Obtaining of the Contents of Records from Facebook, Inc.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 2022.

Attorney(s) appearing for the Case

Sarah C. Hunt , Deputy Attorney General, argued the cause for appellant State of New Jersey ( Andrew J. Bruck , Acting Attorney General, attorney; Sarah C. Hunt , of counsel and on the brief).

Seth P. Waxman (Wilmer Cutler Pickering Hale and Dorr LLP) of the District of Columbia bar, admitted pro hac vice, argued the cause for respondent Facebook Inc. (Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, PC, Seth P. Waxman , John K. Roche (Perkins Coie, LLP) of the District of Columbia and Virginia bars, admitted pro hac vice, Mikella M. Hurley (Perkins Coie, LLP) of the District of Columbia and New York bars, admitted pro hac vice, Ronald C. Machen and Catherine M.A. Carroll (Wilmer Cutler Pickering Hale and Dorr LLP) of the District of Columbia bar, and George P. Varghese , (Wilmer Cutler Pickering Hale and Dorr LLP) of the Massachusetts bar admitted pro hac vice, attorneys; Rubin Sinins , Springfield, Seth P. Waxman , Ronald C. Machen , Catherine M.A. Carroll , John K. Roche , Mikella M. Hurley , and George P. Varghese , on the brief).

Before Judges Sabatino, Rothstadt and Mayer.

The opinion of the court was delivered by

In these two appeals, which we calendared back to back and have consolidated for the purpose of writing one opinion, we are asked to determine as a matter of first impression whether communication data warrants (CDWs) or, conversely, wiretap orders had to be served on Facebook,...

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