State v. De Witt Simons

Summary

The court held that accessing the internet through a public Wi-Fi network does not eliminate an Oregon constitutional privacy right in internet browsing activity, and that terms of service permitting monitoring or disclosure do not waive that right. It also held that the coordinated, year-long monitoring by the network operator and police constituted state action and a warrant-requiring search, for which the state had not established an exception. The judgment was reversed and the matter remanded for further proceedings concerning the suppression motion.