Opinion · District Court, D. New Jersey

ATLAS DATA PRIVACY CORPORATION v. MELISSA DATA CORP.

ATLAS DATA Priv. Corp. v. MELISSA DATA CORP., No. 1:24-cv-04292, UP10752107 (District Court, D. New Jersey Nov. 26, 2024)

Type
Opinion
Court
District Court, D. New Jersey
Jurisdiction
New Jersey
Date
2024-11-26
Topic
general

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. : : NO. 24-4037 WE INFORM, LLC, et al. : ________________________________________________________________ ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. : : NO. 24-4041 INFOMATICS, LLC, et al. : ________________________________________________________________ ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. : : NO. 24-4045 THE PEOPLE SEARCHERS, LLC, : et al. : ________________________________________________________________ ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. : : NO. 24-4075 DM GROUP, INC., et al. : ________________________________________________________________ ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. : : NO. 24-4080 DELUXE CORPORATION, et al. : ________________________________________________________________ ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. : : NO. 24-4096 DELVEPOINT, LLC, et al. : ________________________________________________________________ ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. : : NO. 24-4098 QUANTARIUM ALLIANCE, LLC, : et al. : ________________________________________________________________ ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. : : NO. 24-4103 YARDI SYSTEMS, INC., et al. : ________________________________________________________________ ATLAS DATA PRIVACY : CIVIL ACTION CORPORATION, et al. : : v. …

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              IN THE UNITED STATES DISTRICT COURT                        
                FOR THE DISTRICT OF NEW JERSEY                           


ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4037                  
WE INFORM, LLC, et al.         :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4041                  
INFOMATICS, LLC, et al.        :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4045                  
THE PEOPLE SEARCHERS, LLC,     :                                         
et al.                         :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4075                  
DM GROUP, INC., et al.         :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4080                  
DELUXE CORPORATION, et al.     :                                         
________________________________________________________________         
ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4096                  
DELVEPOINT, LLC, et al.        :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4098                  
QUANTARIUM ALLIANCE, LLC,      :                                         
et al.                         :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4103                  
YARDI SYSTEMS, INC., et al.    :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4141                  
DIGITAL SAFETY PRODUCTS,       :                                         
LLC, et al.                    :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4143                  
CIVIL DATA RESEARCH            :                                         
________________________________________________________________         
ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4160                  
SCALABLE COMMERCE, LLC,        :                                         
et al.                         :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4174                  
LABELS & LISTS, INC            :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4176                  
INNOVIS DATA SOLUTIONS INC.,   :                                         
et al.                         :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4178                  
ACCURATE APPEND, INC.,         :                                         
et al.                         :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4256                  
ZILLOW, INC., et al.           :                                         
________________________________________________________________         
ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                              :                                         
       v.                     :                                         
                              :            NO. 24-4261                  
EQUIMINE, INC., et al.         :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                              :                                         
       v.                     :                                         
                              :            NO. 24-4292                  
MELISSA DATA CORP., et al.     :                                         
________________________________________________________________         

ATLAS DATA PRIVACY            :           CIVIL ACTION                  
CORPORATION, et al.           :                                         
                              :                                         
        v.                    :                                         
                              :            NO. 24-4324                  
RESTORATION OF AMERICA,       :                                         
et al.                        :                                         

________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                              :                                         
       v.                     :                                         
                              :            NO. 24-4345                  
i360, LLC, et al.              :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                              :                                         
       v.                     :                                         
                              :            NO. 24-4380                  
GOHUNT, LLC, et al.            :                                         
________________________________________________________________         
ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4383                  
ACCUZIP, INC., et al.          :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4385                  
SYNAPTIX TECHNOLOGY, LLC,      :                                         
et al.                         :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4389                  
JOY ROCKWELL ENTERPRISES,      :                                         
INC., et al.                   :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4390                  
FORTNOFF FINANCIAL, LLC,       :                                         
et al.                         :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4392                  
MYHERITAGE, LTD., et al.       :                                         
________________________________________________________________         
ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4434                  
E-MERGES.COM, INC.             :                                         
________________________________________________________________         

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4609                  
NUWBER, INC., et al.           :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4664                  
ROCKETREACH LLC, et al.        :                                         

________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-4949                  
BELLES CAMP COMMUNICATIONS,    :                                         
INC., et al.                   :                                         
________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-5600                  
PROPERTYRADAR, INC., ET AL.    :                                         
________________________________________________________________          
ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-5656                  
THE ALESCO GROUP, L.L.C.       :                                         
________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-5658                  
SEARCHBUG, INC.                :                                         
________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-5775                  
AMERILIST, INC., et al.        :                                         
________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-7324                  
US DATA CORPORATION, et al.    :                                         
________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-8075                  
SMARTY, LLC, et al.            :                                         
________________________________________________________________          
ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-8451                  
COMPACT INFORMATION SYSTEMS,   :                                         
LLC, et al.                    :                                         
________________________________________________________________          

ATLAS DATA PRIVACY             :           CIVIL ACTION                  
CORPORATION, et al.            :                                         
                               :                                         
        v.                     :                                         
                               :            NO. 24-10600                 
DARKOWL, LLC, et al.           :                                         


                          MEMORANDUM                                     

Bartle, J.                                    November 26, 2024           

         The plaintiffs in these 37 civil actions allege                 
violations of a New Jersey statute known as Daniel’s Law.1                
Before the court is the consolidated motion of defendants to              
dismiss on the ground that Daniel’s Law is unconstitutional on            
its face.  Defendants assert that it abridges their freedom of            
speech.                                                                   
         Daniel’s Law provides that judges, prosecutors and              
other law enforcement officers as well as their immediate family          
members (“covered persons”) may request in writing that any               
person, business, or association not disclose or make available           

1.   Daniel’s Law as amended is codified as follows: N.J.S.A.             
2C:20-31.1, 17:46B-1.1, 19:31-18:1, 46:26A–12, 47:1-17, 47:1A-            
1.1, 47:1A-5, 47:1B-1, 47:1B-2, 47:1B-3, 47:1B–4, 56:8-166.1,             
56:8-166.3.                                                               
their home addresses and unpublished telephone numbers.  It               
creates a civil remedy for actual and punitive damages and                
injunctive relief for non-compliance not only for covered                 

persons but also for their assignees.  There are also criminal            
penalties.                                                                
         Plaintiffs are Atlas Data Privacy Corporation                   
(“Atlas”), Jane Doe-1, Jane Doe-2, Edwin Maldonado, Scott                 
Maloney, Justyna Maloney, Patrick Colligan, Peter Andreyev, and           
William Sullivan.  The named individual plaintiffs, who are               
police officers or correctional officers, allege they are                 
“covered persons” under Daniel’s Law.  Atlas is the assignee of           
approximately 19,000 unnamed covered persons who used its                 
website to notify defendants to cease disclosure of their                 
personal contact information.  The defendants include real                
estate businesses, direct-mailing and marketing companies, data           

brokers, and other entities that provide fundraising support to           
charities and other non-profits.2  According to plaintiffs,               
defendants are entities which continued to make available their           
home address and unlisted phone numbers in violation of Daniel’s          
Law.  There is no allegation that this information was                    
untruthful or that defendants obtained it illegally.                      



2.   There are also named as defendants ten “Richard Roes” and            
ten “ABC Companies” in each complaint.                                    
                              I.                                         
         In or about February 2024 and thereafter, plaintiffs            
filed these actions in the Superior Court in a number of                  

different counties in New Jersey.  Defendants, pursuant to 
28 U.S.C. §§ 1441
 and 1446, removed the actions to the United                
States District Court for the District of New Jersey on the               
ground that diversity jurisdiction exists pursuant to 
28 U.S.C. § 1332
(a).  The individual plaintiffs are citizens of New Jersey          
while Atlas, a corporation, is a citizen of both Delaware and             
New Jersey.  All defendants are citizens of states other than             
New Jersey and Delaware.  There is no dispute that the requisite          
amounts in controversy have been satisfied.                               
         All of the judges of the District of New Jersey                 
recused themselves.  On April 2, 2024, the Chief Judge of the             
United States Court of Appeals for the Third Circuit reassigned           

these and all related actions to the undersigned pursuant to 
28 U.S.C. § 292
(b).  E.g., Order, Atlas Data Privacy Corp. v.                
Blackbaud, Inc., Civil Action No. 24-3993 (D.N.J. April 2, 2024)          
(Doc. No. 13).                                                            
         This court held several status conferences in these             
and other reassigned Daniel’s Law cases at which defendants made          
it known that they intended to challenge Daniel’s Law on various          
grounds.3  Some also maintained that subject matter jurisdiction          
was absent.  The court, in an effort to proceed in an orderly             
fashion, stayed all these actions except for motions to remand            

for lack of subject matter jurisdiction and motions to dismiss            
on the ground of facial unconstitutionality.  The court                   
thereafter remanded 39 Daniel’s Law cases for lack of diversity           
jurisdiction.  It denied remand in one case, Atlas Data Privacy           
Corp. v. MyHeritage Ltd., Civil Action No. 24-4392, because of            
fraudulent joinder of a non-diverse defendant.  Memorandum at             
31, Atlas Data Privacy Corp. v. MyHeritage Ltd., Civil Action             
No. 24-4392 (D.N.J. Nov. 20, 2024) (Doc. No. 52).4  The                   
consolidated motion being decided here relates to the actions             
for which no challenge to subject matter jurisdiction is                  
pending.                                                                  
         The court gave notice of these actions to the Attorney          

General of New Jersey, who intervened.  See 
28 U.S.C. § 2403
(b);          
Fed. R. Civ. P. 5.1(b).  With the court’s permission, the                 

3.   On March 25, 2024, even before the status conferences,               
Delvepoint, LLC, the defendant in one of the cases, had moved to          
dismiss.  Atlas Data Privacy Corp. v. Delvepoint, LLC, Civil              
Action No. 24-4096 (Doc. No. 3).                                          
4.   In Atlas Data Privacy Corp. v. Thomson Reuters Corp., Civil          
Action No. 24-4269 (D.N.J. filed Mar. 27, 2024), the court                
granted remand on the ground that non-diverse defendants Thomson          
Reuters Holdings and Thomson Reuters Applications had not proven          
fraudulent joinder.  The court has granted these defendants               
leave to file a motion for reconsideration on or before December          
2, 2024.                                                                  
National Association of Assistant United States Attorneys, the            
New Jersey State Policemen's Benevolent Association, Inc., and            
the National Association of Police Organizations filed an amicus          

brief.  E.g., Brief for the Nat’l Ass’n of Assistant U.S. Att’ys          
et al. as Amici Curiae, Atlas Data Privacy Corp. v. Lightbox              
Parent, L.P., Civil Action No. 24-4105 (D.N.J. Aug. 1, 2024)              
(Doc. No. 47-1).                                                          
                              II.                                        
         The complaints recite and the court at the outset               
takes judicial notice of the tragic circumstances that led to             
the passage of Daniel’s Law.  In July 2020, a disgruntled lawyer          
who had litigated before United States District Judge Esther              
Salas sought to assassinate her at her home in New Jersey.                
Esther Salas, My Son Was Killed Because I’m a Federal Judge,              
N.Y. Times (Dec. 8, 2020), https://www.nytimes.com/                       

2020/12/08/opinion/esther-salas-murder-federal-judges.html.               
After finding her home address on the Internet, the lawyer                
showed up on a Sunday evening armed and dressed as a delivery             
driver.  
Id.
  Daniel Anderl, Judge Salas’s twenty-year-old son,           
answered the door and was fatally shot by the lawyer.  
Id.
  Her           
husband and Daniel’s father was severely wounded.  
Id.
   The              
lawyer then fled.  In response to these crimes, the New Jersey            
Legislature passed Daniel’s Law in November 2020 and has amended          
it thereafter.                                                            
         Daniel’s Law, as declared by the New Jersey                     
Legislature, was enacted to serve the following goals:                    
                   This act shall be liberally                           
         construed in order to accomplish its purpose                    
         and the public policy of this State, which                      
         is to enhance the safety and security of                        
         certain public officials in the justice                         
         system, including judicial officers, law                        
         enforcement officers, child protective                          
         investigators[,] . . . and prosecutors, who                     
         serve or have served the people of New                          
         Jersey, and the immediate family members of                     
         these individuals, to foster the ability of                     
         these public servants who perform critical                      
         roles in the justice system to carry out                        
         their official duties without fear of                           
         personal reprisal from affected individuals                     
         related to the performance of their public                      
         functions.                                                      

N.J.S.A. 56:8-166.3 (emphasis added).                                     
         The law prohibits any entity when requested from                
thereafter disclosing the home address and unpublished telephone          
number of a covered person:                                               
                   Upon notification pursuant to                         
         paragraph (2) of this subsection, and not                       
         later than 10 business days following                           
         receipt thereof, a person, business, or                         
         association shall not disclose or re-                           
         disclose on the Internet or otherwise make                      
         available, the home address or unpublished                      
         home telephone number of any covered                            
         person . . . .                                                  

Id. at 56:8-166
.1(a)(1).  The notice must be in writing and               
state that the person seeking non-disclosure is a person                  
authorized to do so.  
Id. at 56
.8-166.1(2).  A “covered person”           
is defined as “an active, formerly active, or retired judicial            
officer, law enforcement officer, or child protective                     
investigator . . ., or prosecutor and any immediate family                
member residing in the same household as such [individual].”              

Id. at 56:8-166
.1(d).                                                     
         “Disclose” means “to solicit, sell, manufacture, give,          
provide, lend, trade, mail, deliver, transfer, post, publish,             
distribute, circulate, disseminate, present, exhibit, advertise,          
or offer” and includes “making available or viewable within a             
searchable list or database, regardless of whether a search of            
such list or database is actually performed.”  
Id.
                        
         The prohibition on disclosure is triggered, as noted            
above, when a covered person transmits to an entity written               
notice requesting non-disclosure.  The entity must comply with            
the request no later than 10 business days after receipt.  
Id.
            
If it does not, it is “liable to the covered person or the                

covered person’s assignee, who may bring a civil action in the            
Superior Court.”  
Id. at 56:8-166
.1(b) (emphasis added).  Under           
Daniel’s Law, an “[a]ssignee’ means a person or entity to whom            
or which an authorized person has assigned, in writing, a                 
covered person’s right to bring a civil action for violation of           
subsection a. of this section.”5  
Id. at 56:8-166
.1(d).                   

5.   Covered persons may also request through the New Jersey              
Office of Information Privacy that public agencies redact or              
cease to disclose home addresses.  Public agencies shall redact           
such information no later than 30 days after the request has              
         Non-compliance carries a monetary penalty and the               
award of appropriate equitable relief.  The court shall award:            

             (1) actual damages, but not less than                       
                liquidated damages computed at the                       
                rate of $1,000 for each violation of                     
                this act;                                                
             (2) punitive damages upon proof of                          
                willful or reckless disregard of the                     
                law;                                                     
             (3) reasonable attorney’s fees and other                    
                litigation costs reasonably incurred;                    
                and                                                      
             (4) any other preliminary and equitable                     
                relief as the court determines to be                     
                appropriate.                                             

Id. at 56:8-166
.1(c).  In addition, Daniel’s Law provides for             
criminal liability.6                                                      

been approved by the Office of Information Privacy.  N.J.S.A.             
47:1B-2.                                                                  

6.   Daniel’s Law provides:                                               

    Upon notification pursuant to subsection c. of                       
    this section, and not later than 10 business days                    
    after receipt thereof, a person shall not                            
    knowingly, with purpose to expose another to                         
    harassment or risk of harm to life or property,                      
    or in reckless disregard of the probability of                       
    such exposure, post, repost, publish, or                             
    republish on the Internet, or otherwise make                         
    available, the home address or unpublished home                      
    telephone number of any covered person, except in                    
    compliance with any court order, law enforcement                     
    investigation, or request by a government agency                     
    or person duly acting on behalf of the agency.                       

N.J.S.A. 2C:20-31.1(b).                                                   

    It also provides that: “[a] reckless violation of                    
subsection b. is a crime of the fourth degree.  A purposeful              
         In limited circumstances, Daniel’s Law exempts certain          
governmental and other entities from the prohibition against the          
disclosure of a home address—but not the home telephone number—           

of a covered person.  
Id.
 at 47:1B-3.  For example, a county              
recording officer is not required to redact the home address of           
a covered person from property records which are publicly                 
available.  
Id.
 at 47:1B-3(a)(2).  Similarly, a government                
agency may disclose the home address of a covered person to a             
third-party contractor but only for the purposes of carrying out          
its contract with the agency.  
Id.
 at 47:1B-3(a)(5).                      
                             III.                                        
         Defendants, pursuant to Rule 12(b)(6) of the Federal            
Rules of Civil Procedure, move to dismiss the plaintiffs’                 
complaints on the ground that Daniel’s Law is unconstitutional            
on its face.  As stated in Neitzke v. Williams, “Rule 12(b)(6)            

authorizes a court to dismiss a claim on the basis of a                   
dispositive issue of law.”  
490 U.S. 319, 326
 (1989).  The court          
must accept as true all well-pleaded facts in the complaints.             
Nat’l Rifle Ass’n of Am. v. Vullo, 
602 U.S. 175
, 195 (2024).              
The court may also consider exhibits attached to the complaints           
and take judicial notice of matters of public record.  Pension            
Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d               


violation of subsection b. is a crime of the third degree.”  
Id.
          
at 2C:20-31.1(d).                                                         
1192, 1196 (3d Cir. 1993) (citing 5A Charles Allen Wright &               
Arthur R. Miller, Federal Practice and Procedure § 1357 (2d ed.           
1990)).                                                                   

         The eight individual plaintiffs, two of whom are                
correctional officers and six of whom are police officers,                
allege that they were threatened with violence as a result of             
his or her public service.7  For present purposes, these                  
allegations must be accepted as true.  After Daniel’s Law was             

7.   Officer Jane Doe-1 is a law enforcement officer who was              
surveilled along with her young child at her home by a major              
criminal organization that she was investigating.                         
    Officer Jane Doe-2 is a correctional officer who discovered          
a note left behind by an inmate in the correctional facility’s            
law library that contained her full name and home address.                
    Detective Edwin Maldonado, a law enforcement officer, moved          
after receiving death threats from the criminal organization              
Mara Salvatrucha-13 (“MS-13”) at his home.  When MS-13 could not          
locate him at his new address, they targeted his mother and               
attempted to burn down her building.                                      
    Sergeant Scott Maloney and Officer Justyna Maloney are both          
law enforcement officers who received death threats and demands           
for ransom by phone after Officer Maloney’s encounter with a              
civilian was filmed and posted online.  Two individuals were              
arrested after they were spotted by a neighbor circling the               
Maloneys’ house, armed and wearing ski masks.                             
    Detective Patrick Colligan, during his 32 years in law               
enforcement, has received numerous threats targeted at him and            
his family.  He has a surveillance camera and alarm system and            
trained his family how to respond to an attack on his home.               
    Officer Peter Andreyev, a law enforcement officer, has               
received numerous death threats and threats of violence targeted          
at himself and his family members.                                        
    Officer William Sullivan, a correctional officer, has                
likewise received death threats and threats of violence directed          
at himself and his family.                                                
enacted, each individual plaintiff sent defendants written                
notices requesting that defendants cease disclosing or re-                
disclosing his or her home address and unlisted telephone                 

number.                                                                   
         Atlas owns and operates an online platform for covered          
persons to identify data brokers and send written notices.  To            
use the service, covered persons must sign up for an account and          
set up an email address with Atlas.  They can then use the                
platform to identify which entities are disclosing their                  
personal information and send written notices to those entities           
using their Atlas email account.  Approximately 19,000 covered            
persons signed up with Atlas and used its platform to send                
written notices to defendants.                                            
         In exchange for using the platform, these covered               
persons agreed to Atlas’s terms of service.  Those terms of               

service state that, upon receipt of written notice from Atlas, a          
covered person using Atlas’s platform is “deemed . . . to have            
irrevocably assigned to [Atlas] all of [his or her] rights to             
bring a claim (and seek damages, other legal remedies, and fees,          
costs, and litigation expenses) for violations of [his or her]            
rights under” Daniel’s Law.  The terms of service further                 
provide that “[Atlas] will have the exclusive right to bring              
such civil enforcement actions” after assignments take place.             
At that point, these covered persons have assigned absolutely             
their claims under Daniel’s Law to Atlas.  Under their agreement          
with Atlas, Atlas will remit 65% of any recovery to the covered           
persons and retain 35% for itself.                                        

         Atlas and the individual plaintiffs claim that                  
defendants never responded to the written notices and never               
redacted the personal information of the individual plaintiffs            
or of the 19,000 unnamed covered persons who have assigned their          
claims to Atlas.                                                          
                              IV.                                        
         The First Amendment to the Constitution, on which               
defendants rely, states in relevant part: “Congress shall make            
no law . . . abridging the freedom of speech . . . .”  This               
constitutional prohibition also applies to the laws of the                
states through the due process clause of the Fourteenth                   
Amendment.  Manhattan Cmty. Access Corp. v. Halleck, 
587 U.S. 802
, 808 (2019).  To succeed on a facial challenge in a First             
Amendment case, the party making the challenge must establish             
that “the law’s unconstitutional applications substantially               
outweigh its constitutional ones.”  Moody v. NetChoice, LLC, 
144 S. Ct. 2383
, 2397 (2024).                                                 
         The court will quickly dispose of the plaintiffs’               
first argument that Daniel’s Law is regulating only data and              
therefore is not restricting speech.  If plaintiffs are correct,          
there is no First Amendment issue to be resolved.  The Supreme            
Court has described speech as expressive activity intended and            
reasonably understood as communicative.  Clark v. Cmty. for               
Creative Non-Violence, 
468 U.S. 288, 294
 (1984).  If, for                 

example, defendants simply published statistics compiled by the           
Census Bureau, the information would probably be characterized            
as data.  That is not what is happening here.  Instead, the home          
addresses and unlisted phone numbers being disseminated are tied          
to specific persons.  In other words, the defendants are telling          
the world that Police Officer Jane Jones resides at 123 Main              
Street, Camden and can be reached at 609-000-0000.                        
         If Daniel’s Law limits speech, plaintiffs assert that           
the law simply restricts commercial speech which is subject to a          
lesser standard of judicial scrutiny and is afforded less                 
protection under the First Amendment than other forms of speech.          
Cent. Hudson Gas & Elec. Corp. v. Pub. Serv. Comm’n of N.Y., 
447 U.S. 557, 562-63
 (1980).  The Supreme Court has defined                   
commercial speech as “expression related solely to the economic           
interests of the speaker and its audience,” that is expression            
which serves the economic interests of both the speaker and               
consumer.  
Id. at 561
 (emphasis added).  The Court has also               
described commercial speech as “speech that does no more than             
propose a commercial transaction.”  United States v. United               
Foods, Inc., 
533 U.S. 405, 409
 (2001).  Our Court of Appeals has          
observed that commercial speech is generally found in                     
advertising for the sale of goods and services.  U.S.                     
Healthcare, Inc. v. Blue Cross of Greater Phila., 
898 F.2d 914
,           
933 (3d Cir. 1990).                                                       

         Commercial speech may be restricted when the message            
is either inaccurate or misleading or when the message promotes           
unlawful activity.  Cent. Hudson, 
447 U.S. at 566
.  Otherwise it          
may be limited only where the government’s interest in                    
regulating such speech is substantial, the government’s                   
regulation directly advances that interest, and the regulation            
is no more extensive than necessary.  
Id. at 571-72
.  This level          
of review of commercial speech is generally called intermediate           
scrutiny.  Greater Phila. Chamber of Com. v. City of Phila., 
949 F.3d 116
, 137-38 (3d Cir. 2020).                                          
         While Daniel’s Law includes to “sell” and to                    
“advertise” within the definition of “disclose,” they are merely          

two verbs among many that are enumerated.  The definition also            
encompasses to “give, . . . post, . . . disseminate, [and]                
exhibit.”  In addition, “disclose” in Daniel’s Law means to make          
“available or viewable within a searchable list or database.”             
N.J.S.A. 56:8-166.1(d).  The Supreme Court has explained that             
commercial speech must relate solely to the economic interests            
of its speaker and its audience.  Daniel’s Law allows covered             
persons to prevent the dissemination of certain personal                  
information regardless of the means or reasons for the                    
dissemination.  Its stated purpose in limiting expression is to           
enhance the safety and security of judges, prosecutors, and law           
enforcement officers and to foster their ability to carry out             

their duties without fear of reprisal.  The expression in issue           
here is not about the economic interests of the plaintiffs, the           
defendants, or the public, let alone solely about their economic          
interests.  The speech certainly does not propose a commercial            
transaction.  Daniel’s Law, in this court’s view, does not                
concern commercial speech.                                                
         The court must decide whether Daniel’s Law is content-          
based or content-neutral on its face since the level of judicial          
scrutiny will depend on this distinction.  See Reed v. Town of            
Gilbert, 
576 U.S. 155
, 166 (2015).  The Supreme Court has                 
explained that “government regulation of speech is content based          
if a law applies to particular speech because of the topic                

discussed or the idea or message expressed.”  
Id. at 163
.                 
Speech is content-based when it is regulated by subject matter,           
when there are restrictions on a particular viewpoint, or when            
there is a prohibition of a particular topic.  
Id. at 169
.  In            
contrast, a law is content-neutral when it is “justified without          
reference to the content of the regulated speech.”  Bartnicki v.          
Vopper, 
532 U.S. 514, 526
 (2001) (quoting Ward v. Rock Against            
Racism, 
491 U.S. 781, 791
 (1989)).                                        
         Daniel’s Law authorizes covered persons to request              
non-disclosure of their home addresses and unpublished phone              
numbers.  It clearly regulates particular subject matter.                 

Accordingly, Daniel’s Law is content-based.                               
         The Supreme Court’s more recent decision in City of             
Austin v. Reagan Nat’l Advertising of Austin, LLC, 
596 U.S. 61
            
(2022), cited by plaintiffs, does not mandate a contrary result.          
There, the Court upheld the constitutionality of a city                   
ordinance regulating on-premises signs differently than off-              
premises signs.  The ordinance dealt with such matters as their           
size, illumination and location.  The Court ruled that the                
ordinance was “agnostic as to content” and thus was content               
neutral so as to be subject to intermediate and not strict                
scrutiny.  The facts in City of Austin contrast markedly from             
the situation here.  
Id. at 69-71
.                                        

         As Daniel’s Law limits content-based speech, the                
defendants maintain that it is subject to strict scrutiny.                
Under that standard, the law would be “presumptively                      
unconstitutional and may be justified only if the government              
proves that [it is] narrowly tailored to serve compelling state           
interests.”  Reed, 576 U.S. at 163.                                       
         Plaintiffs urge that a somewhat different analysis              
should be applied in deciding the constitutionality of Daniel’s           
Law because Daniel’s Law is a privacy statute.  Plaintiffs                
describe it as creating a right of action for judges,                     
prosecutors and other law enforcement officers to redress the             
invasion of their privacy.  It provides that they may notify              

entities, large and small, to refrain from disclosing their home          
addresses and unlisted phone numbers upon 10 days written                 
notice.  If an entity fails to adhere to the request, a covered           
person or his or her assignee may sue for actual damages but not          
less than $1,000 in liquidated damages as well as for injunctive          
relief.  Plaintiffs cite Daniel’s Law as part of the long                 
history of common law torts and statutes whose purpose is to              
afford redress to persons whose privacy is invaded from                   
disclosure of personal information, albeit truthful, that is not          
of public interest.  See, e.g., Samuel D. Warren & Louis D.               
Brandeis, The Right to Privacy, 
4 Harv. L. Rev. 193
 (1890);               
William L. Prosser, Privacy, 
48 Cal. L. Rev. 383
 (1960).                  

         Our Court of Appeals recognized in 2000 that a                  
significant range of people including public officials,                   
performers and ordinary folks regard home addresses as private            
information.  The court understood this reality even while                
referencing the wide availability of telephone directories at             
the time.  Our Court of Appeals also wrote that the Freedom of            
Information Act exempts home addresses from disclosure as it              
would be a “clearly unwarranted invasion of privacy.”  Paul P.            
v. Farmer, 
227 F.3d 98, 101
 (3d Cir. 2000); 
5 U.S.C. § 552
(b)(6).  If anything, the sentiment that such information            
is private has intensified as most people today have unlisted             
numbers and the presence of telephone directories that include            

addresses is virtually a thing of the past.                               
         The defendants counter that Daniel’s Law is not a               
privacy law but rather a law to provide for the safety and                
security of covered persons.  The court rejects this narrow               
reading.  Privacy has generally been defined as the right to be           
let alone.  Warren & Brandeis, The Right to Privacy, supra, at            
195 (quoting Cooley on Torts 29 (2d ed. 1888)).  The New Jersey           
Legislature has concluded that covered persons should have the            
right to be let alone insofar as their home addresses and                 
unpublished phone numbers are concerned.  The reason the                  
Legislature has protected this information is not only to                 
enhance the safety and security of covered persons but also to            

safeguard them from the fear of reprisal for doing their jobs.            
Daniel’s Law is analogous to the long-standing common law tort            
for invasion of privacy for disclosure of the intimate details            
of a person’s private life.  There the law allows for damages             
for disclosure of such information in order to compensate for             
causing embarrassment and humiliation.  Romaine v. Kallinger,             
537 A. 2d 284, 292
 (N.J. 1988).  Here, Daniel’s Law furnishes a           
remedy for disclosing certain private information and exposing            
covered persons to fear of reprisal and to personal danger.               
Whatever else it may be, Daniel’s Law is a privacy statute.               
         The Supreme Court has recognized the tension that               

exists between privacy law and the right of freedom of speech             
and the press under the First Amendment.  It has decided a                
number of cases where it has had to resolve this tension.  The            
cases that have been cited focus on state statutes which block            
the dissemination of the identity of rape victims and of                  
juvenile offenders even when the information was legally                  
obtained.  Some involved criminal statutes while others                   
concerned statutes providing for civil redress for persons whose          
privacy has been invaded.  See, e.g., The Florida Star v.                 
B.J.F., 
491 U.S. 524
 (1989); Smith v. Daily Mail Publ’g Co., 
443 U.S. 97
 (1979); Oklahoma Publ’g Co. v. Oklahoma Cnty Dist. Ct.,           
430 U.S. 308
 (1977); Cox Broad. Corp. v. Cohn, 
420 U.S. 469
               

(1975).  In all of these cases the Supreme Court ruled that the           
First Amendment carried the day over the right to privacy.  See           
also Bowley v. City of Uniontown Police Dept., 
404 F.3d 783
 (3d           
Cir. 2005).  Nonetheless, the Court has continually stressed              
that it was not announcing a blanket rule that free speech must           
always prevail and that publication of truthful and lawfully              
obtained information can never be blocked or punished.  The               
Florida Star, 491 U.S. at 532.  It has emphasized that each case          
must be decided on its particular facts.  Id. at 533.  It                 
reiterated in The Florida Star:                                           
         Our holding today is limited.  We do not                        
         hold that truthful publication is                               
         automatically constitutionally protected, or                    
         that there is no zone of personal privacy                       
         within which the State may protect the                          
         individual from intrusion by the press, or                      
         even that a State may never punish                              
         publication of the name of a victim of a                        
         sexual offense.                                                 

Id. at 541.                                                               

         As noted above, defendants assert this court should             
apply strict scrutiny to Daniel’s Law, a standard which the               
Supreme Court has applied in Reed and other cases.  The words             
“strict scrutiny” and the strict scrutiny standard of review,             
however, do not appear in the above cited Supreme Court                   
decisions involving the right to privacy.  Instead, the Supreme           
Court has outlined three specific factors that a court must               
consider in balancing the right of privacy against the right of           
free speech.  In The Florida Star, which involved a civil                 
statute imposing damages for the publication of the name of a             
rape victim, the Court established that the first inquiry is              
whether the information is lawfully obtained and is of public             
significance.8  Id. at 536.  A court must then determine whether          

8.   In these pending actions, it is not contested that                   
defendants obtained the covered persons’ home addresses and               
unlisted phone numbers lawfully.  Accordingly, the court need             
not consider this issue.                                                  
the law in question serves “a need to further a state interest            
of the highest order.”  Id. at 537 (quoting Daily Mail, 
443 U.S. at 103
).  Finally, the court must decide whether the statute              

serves “the significant interests” which the state purports to            
advance and is not underinclusive.  Id. at 540.  Since Daniel’s           
Law is a privacy law, this is the proper analysis to be applied           
in the pending cases.                                                     
         First, the court concludes that the home addresses and          
unpublished phone numbers are not matters of public                       
significance.  The narrow limitation under Daniel’s Law                   
constitutes but a tiny part of the life story of covered persons          
and is not information that is necessary or pertinent for public          
oversight.  Daniel’s Law does not inhibit in any meaningful way           
the public’s knowledge of public officials or its ability to              
hold them accountable for their performance and behavior.  In             

contrast to the limited scope of Daniel’s Law, the restricted             
speech in the cited Supreme Court cases concerned criminal                
activity and its prosecution.  The public clearly has a vital             
interest in such information while the same cannot be said of             
the speech governed by Daniel’s Law.                                      
         The defendants raise the specter of a number of                 
hypotheticals where the home address or the unlisted phone                
number of a covered person may be newsworthy and thus of public           
significance.  If any of these hypotheticals ever comes to pass,          
the defendants’ remedy is to challenge Daniel’s law as                    
unconstitutional as applied.  See United States v. Hansen, 
599 U.S. 762, 784-85
 (2023).                                                  

         Second, the court must determine whether Daniel’s Law           
serves a need to further a state interest of the highest order.           
The New Jersey Legislature declared in Daniel’s Law itself that           
its purpose was to enhance the safety and security of judges,             
prosecutors, and other law enforcement officers so that they are          
able to carry out their official duties without fear of personal          
reprisal.  The court need not tarry by reciting in detail the             
support for the well-known fact, amply documented by the record           
here, that in recent years judges, prosecutors, police,                   
correctional officers, and others in law enforcement have been            
the subject of an ever increasing number of threats and even              
assassinations.  Some of these threats and assassinations, as             

alleged in the complaints and of which the court takes judicial           
notice, have been facilitated by malefactors obtaining the home           
address or unlisted phone number of their targets.  Indeed, the           
immediate motivation for the passage of Daniel’s Law was the              
tragedy that occurred when an individual with grievances against          
Judge Salas obtained her home address from the Internet,                  
proceeded to her home with the intent to kill her, and killed             
her son and wounded her husband.  None of the parties appears to          
contest that Daniel’s Law, in aiming to protect covered persons           
from fear, threats, injury and death, serves a need to further a          
state interest of the highest order.                                      
         Finally, the defendants assert that Daniel’s Law fails          

because it is underinclusive.  By invoking underinclusiveness,            
they mean that New Jersey is not really pursuing or the law is            
not advancing its compelling state interest in protecting                 
judges, prosecutors, and other law enforcement officers from              
threats and assassinations.  See Williams-Yulee v. Florida Bar,           
575 U.S. 433
, 448-49 (2015).  Defendants reference that Daniel’s          
Law has a number of exemptions allowing for disclosure of home            
addresses.  The law, for example, does not block access to home           
addresses which appear on property records or on voter                    
registration lists.  The short answer is that this type of                
information is generally more difficult to extract from public            
records than information found on the Internet.  The Supreme              

Court has emphasized that the right of privacy in compiled or             
computerized information does not evaporate simply because the            
information may be found in other places.  It explained that              
there is “a vast difference between public records that might be          
found after a diligent search of courthouse files, county                 
archives, and local police stations throughout the country and a          
computerized summary located in a single clearinghouse of                 
information.”  U.S. Dep’t of Just. v. Reps. Comm. for Freedom of          
the Press, 
489 U.S. 749, 764
 (1989).  The fact that the home              
addresses and unlisted phone numbers of individual covered                
persons may be discovered elsewhere in various scattered                  
locations does not make Daniel’s Law underinclusive.                      

         The defendants also fault the law because it treats             
private and business entities more strictly than public                   
agencies.  The law does not limit the use of information by               
governmental agencies in the same way it does private entities.           
In some instances, the availability of home addresses and even            
phone numbers is necessary for the government and society to              
function.  It also allows the State more time to remove                   
information from public access.  This is understandable                   
considering the numerous state agencies, counties, and                    
municipalities which may hold such information.  This reality             
does not make Daniel’s Law underinclusive.  See Fraternal Order           
of Police v. City of Phila., 
812 F.2d 105
, 118 (3d Cir. 1987).            

         The distinctions made in Daniel’s Law are sound—not             
arbitrary or discriminatory.  All non-governmental entities are           
treated the same.  The New Jersey Legislature has had to grapple          
with a very complex and important issue in trying to protect              
covered persons who seek to uphold the rule of law and who by             
the very nature of their jobs are in the public eye.  The                 
Supreme Court has dictated that each case must be decided on its          
own facts.  It has never ruled on a case like the ones now                
before this court.  The law is not unconstitutional simply                
because the Legislature may not have come up with a complete              
answer to the problem of the safety, security, and fear of                
reprisal of covered persons.  It acted in response to the                 

attempted assassination of Judge Salas, the murder of her son,            
and the wounding of her husband, all of which resulted after an           
assailant obtained her home address through the Internet.  The            
special although not total focus of Daniel’s Law is to prevent            
the use of the Internet as the source of intelligence to                  
facilitate other such tragedies.  The Legislature cannot be               
faulted for its approach based on a very real set of facts,               
which unfortunately are not unique.  The perfect is not the               
enemy of the good.                                                        
         The Supreme Court in Williams-Yulee, supra, did                 
recognize that underinclusiveness can be a red flag in                    
determining whether a law limiting speech advances a state                

interest.  In that case, the Court upheld against an                      
underinclusive First Amendment challenge a regulation of the              
Florida Bar prohibiting a judicial candidate from personally              
soliciting money for her election.  Williams-Yulee, 575 U.S. at           
455-56.  This narrowly drawn regulation did not prevent the               
candidate from establishing a committee of lawyers to raise               
money for her campaign and did not ban her from sending thank-            
you notes to her contributors.  Nor did it require an elected             
judge to recuse in any case in which a lawyer-contributor                 
appeared.  The Court observed:                                            
         A State need not address all aspects of a                       
         problem in one fell swoop; policymakers may                     
         focus on their most pressing concerns.  We                      
         have accordingly upheld laws – even under                       
         strict scrutiny – that conceivably could                        
         have restricted even greater amounts of                         
         speech in service of their stated interests.                    

Id. at 449.  The present situation is no different.  Daniel’s             
Law is not underinclusive because it may not address “all                 
aspects of the problem in one fell swoop.”  Rather, it does               
materially promote the state’s interest of the highest order in           
protecting judges, prosecutors and other law enforcement                  
officers from harm.                                                       
         The defendants challenge other aspects of Daniel’s              
Law.  They criticize the law’s sweep in not limiting notice of            
non-disclosure to situations where there are “true threats.”  By          
then, any notice not to disclose a home address and unlisted              
telephone number is probably too late.  That would be analogous           
to closing the barn door after the horse has left.  The                   
Legislature was not unreasonable in determining that the law to           
be effective must allow covered persons to request non-                   
disclosure preemptively.  Defendants also argue that the                  
definition of “disclose” is too broad.  The law reads as it does          
to advance the state’s significant interest in protecting the             
lives and well-being of covered persons.  This argument is not            
persuasive.                                                               
         Defendants further suggest that a protective order              

would be a sufficient remedy.  It is questionable that the entry          
of a protective order would be effective after the information            
is released.  The court disagrees that this legislative scheme            
is invalid.                                                               
         Defendants take issue with the assignment provision of          
Daniel’s Law.  The Legislature made a rational decision in                
allowing covered persons to assign their claims.  In its view,            
it will make the enforcement more effective.  It is not hard to           
imagine that many covered persons may find it too difficult, too          
cumbersome, or too expensive to hire counsel or to proceed                
against dozens of defendants on their own without an assignee.            
         The court has considered the various other challenges           

defendants raise to the form of the law.  They are all without            
merit.  Defendants are simply disagreeing with the Legislature’s          
policy choices.  Reasonable people of course may have different           
views about those choices.  Simply because the law could have             
been written differently does not make it unconstitutional.               
                              V.                                         
         The defendants in addition assert that Daniel’s Law is          
unconstitutional on its face because it is a strict liability             
statute, that is because it provides for actual or liquidated             
damages for non-compliance without regard to fault.  It is the            
fallback position of the defendants that plaintiffs must                  
establish that the defendants had the specific intent to violate          

the requirements of Daniel’s Law.  Plaintiffs and the New Jersey          
Attorney General counter that the standard of liability is                
negligence.  They take the position that plaintiffs must prove            
that defendants acted unreasonably in failing to take down the            
requested home addresses and unlisted phone numbers.                      
         Liability without fault is known both to the civil and          
criminal law.  See, e.g., Smith v. California, 
361 U.S. 147, 150
          
(1989).  The Supreme Court, however, has carved out an exception          
against strict liability where a law restricts the freedom of             
speech.  The Court has held unconstitutional an ordinance which           
provided for strict criminal liability against booksellers who            
had an obscene or indecent writing or book in their places of             

business.  
Id. at 155
.  Likewise, the Court in The Florida Star           
ruled invalid under the First Amendment a civil privacy statute           
which provided for a negligence per se standard of culpability.           
491 U.S. at 539-40, 541 n.9.                                              
         Daniel’s Law provides a covered person or the person’s          
assignee with a civil remedy.  Relief is only available after a           
covered person takes the initiative to transmit a written notice          
of non-disclosure to an entity.  The covered person must also             
state he or she is a person authorized to request non-                    
disclosure.  The entity has 10 business days thereafter not to            
disclose or not to make available the home address and                    
unpublished phone telephone number of the covered person.                 

N.J.S.A. 2C:20-21.1(6).  For failure to comply, the court shall           
award to a covered person or his or her assignee: (1) actual              
damages but not less than liquidated damages at the rate of               
$1,000 for each violation; (2) punitive damages upon proof of             
willful or reckless disregard of the law; and (3) preliminary             
and equitable relief.  N.J.S.A. 56:8-166.1(c).                            
         The standard for determining culpability under                  
Daniel’s Law for actual or liquidated damages is of course a              
matter of state law.  See Erie R.R. Co. v. Tompkins, 
304 U.S. 64, 78
 (1938).  To the extent that the state law itself does not          
on its face set forth the standard, this court must look to its           
construction by the New Jersey Supreme Court.  If that court has          

not had occasion to address the issue, this court must predict            
how it would rule.  Packard v. Provident Nat’l Bank, 
994 F.2d 1039
, 1046 (3d Cir. 1993).                                                
         In deciding what standard applies, the court must keep          
in mind relevant principles of statutory construction applied in          
New Jersey.  To this end, statutes must be construed to conform           
to the Constitution if the statute is reasonably susceptible to           
such a construction.  State v. Carter, 
255 A.3d 1139
, 1153 (N.J.          
2021); State v. Burkert, 
174 A.3d 987, 998
 (N.J. 2017).  Courts           
must also avoid an interpretation of a statute which leads to             
absurd results.  N.J. Republican State Comm. v. Murphy, 
236 A.3d 898
, 908 (N.J. 2020).                                                     

         Daniel’s Law does not state explicitly what standard            
of liability applies for actual or liquidated damages.  However,          
it does require that the offending conduct amount to “willful or          
reckless disregard of the law” in order for the award of                  
punitive damages.  It would be nonsensical and effect an absurd           
result for the court to read into Daniel’s Law a standard of              
civil liability for actual or liquidated damages which requires           
the same degree of culpability as or a higher degree of                   
culpability than the standard of civil liability enunciated in            
the statute for punitive damages.  Thus, liability for actual or          
liquidated damages does not demand a showing of specific intent           
or of willful or reckless conduct when recovery of punitive               

damages may occur only with proof of willful or reckless                  
conduct.                                                                  
         That leaves the question whether the standard for               
actual and liquidated damages is either liability without fault           
or negligence.  If Daniel’s Law imposes strict liability, it              
likely runs afoul, as a privacy statute, of the above cited               
precedents of the United States Supreme Court.  The Court has             
invalidated strict liability statutes that restrict speech.               
See, e.g., The Florida Star, 491 U.S. at 541.  Based on New               
Jersey precedents, this court must read the Daniel’s Law to               
avoid this outcome if it is reasonably susceptible to a                   
constitutional construction.                                              

         To ascribe a strict liability standard to Daniel’s Law          
not only would likely render the law unconstitutional but also            
could lead to absurd results.  Under such a standard, a noticed           
entity would be liable even if it would be unreasonable or                
impossible under the circumstances to meet the statutory 10 day           
take-down deadline.  Damages under this scenario would have to            
be awarded if a hurricane or other natural disaster had taken             
place which totally impeded the ability of the noticed entity to          
comply in a timely manner.  The same result would be forthcoming          
if a fire had destroyed a mailed notice shortly after receipt             
and the direction for non-disclosure was lost through no one’s            
fault before it could be implemented.  The noticed entity would           

also be on the hook if its computer system failed after having            
received thousands of notices at one time, and it was unable to           
take down all the information within the allotted period.                 
         Daniel’s Law is reasonably susceptible to a                     
construction with a negligence standard of liability.  It is a            
privacy statute analogous to the common law tort of invasion of           
privacy of the intimate details of a person’s life.  The New              
Jersey Supreme Court has explained that recovery for this tort            
requires proof of “the unreasonable publication of private                
facts.”  Romaine, 
537 A.2d at 291-92
.  This is a negligence               
test.  There is no reason to think that the New Jersey Supreme            
Court would not apply the same test here as it did in Romaine.9           

Daniel’s Law must be read as imposing liability only if a                 
defendant unreasonably disclosed or made available the home               
addresses and unlisted telephone numbers of covered persons               
after the statutory deadline had expired.                                 
         In summary, the court concludes that Daniel’s Law does          
not mandate a specific intent standard of liability or a                  
standard of liability without fault for actual or liquidated              
damages.  The inclusion of a negligence standard of liability             
for actual or liquidated damages is a reasonable construction of          
Daniel’s Law, avoids absurd results, is consistent with                   
analogous New Jersey privacy law, and saves the law from                  
constitutional repugnancy.                                                

         This court predicts that the Supreme Court of New               
Jersey would construe Daniel’s Law as requiring a covered person          
or assignee to establish an entity’s negligence in order to               



9.   The New Jersey Model Civil Jury Charges classify the                 
various privacy torts under the rubric “Intentional Torts.”  New          
Jersey Courts, Model Civil Jury Charges System §§ 3.10-3.14,              
http:www.uscourts.gov/courts/civil/model-civil-jury-charges.              
This classification does not have the imprimatur of the New               
Jersey Supreme Court and cannot supersede Romaine.  See                   
Graphnet, Inc. v. Retarus, Inc., 
269 A.2d 413, 423
 (N.J. 2022).           
obtain an award of actual or liquidated damages under N.J.S.A.            
56:8-166.1(c)(1).                                                         
                              VI.                                        

         The United States Supreme Court has declared that               
courts should decide cases on their particular facts and                  
circumstances when they involve the interaction of privacy and            
the right of free speech with the caveat that any privacy                 
statute restricting speech is likely unconstitutional if it               
imposes liability without fault.  At this stage of the pending            
cases, the court must accept as true the well-pleaded facts and           
may take judicial notice as appropriate of other facts.  After            
applying the legal analysis enumerated by the Supreme Court to            
the particular facts and circumstances presented here, Daniel’s           
Law with its negligence standard of liability for actual or               
liquidated damages is constitutional on its face.  The speech             

that is restricted is not of public significance, the law                 
imposing the restriction serves to further a need of the highest          
order of the State of New Jersey, and the law serves the                  
significant interest of the State and is not fatally                      
underinclusive.                                                           
         The consolidated motion of the defendants to dismiss            
these actions on the ground that Daniel’s Law is facially                 
unconstitutional will be denied.                                          


                                  BY THE COURT:                          



                                  /s/  Harvey Bartle III                 
                                                             J.