In July 2020, a 72-year-old attorney posing as a delivery person rang the doorbell at US district judge Esther Salas’ house in North Brunswick, New Jersey. When the door opened, the attorney fired a gun, wounding the judge’s husband—and killing her only child, 20-year-old Daniel Mark Anderl.
The murderer, Salas said, had found her address online and was outraged because she hadn’t handled a case of his client fast enough. In her despair, Salas publicly pleaded, “We can make it hard for those who target us to track us down … We can’t just sit back and wait for another tragedy to strike.”
She wanted judges to be able to keep their home addresses private. New Jersey lawmakers delivered. Months after the murder, they unanimously enacted Daniel’s Law. Today, current and former judges, cops, prosecutors, and others working in criminal justice can have their household’s address and phone numbers withheld from government records in the state. They also can demand that the data be removed from any website, including popular tools for researching people such as Whitepages, Spokeo, Equifax, and RocketReach.
Companies that don’t comply within 10 business days have to pay a penalty of at least $1,000. This makes New Jersey’s law the only privacy statute in the US that guarantees people a court payout when requests to keep information private are ignored.
That provision is being put to a consequential test.
In a pile of lawsuits in New Jersey—drummed up by a 41-year-old serial entrepreneur named Matt Adkisson and five law firms, including two of the nation’s most prominent—about 20,000 workers, retirees, and their relatives are suing 150 companies and counting for allegedly failing to honor requests to have their personal information removed under Daniel’s Law.
These companies, which Adkisson estimates generate $150 billion annually in sales, may now be on the hook for $8 billion in penalties. But what’s more important to him is the hope that this narrow New Jersey law could act as a wedge to force data brokers to stop publishing sensitive data about people of all professions nationwide. He’s hoping that this multibillion-dollar pursuit, with its army of union cop households, may be a catalyst for better personal privacy for us all.
If he doesn’t win, the oft-derided data broker industry would have proved that it has a right under the First Amendment to publish people’s contact information. Websites could avoid further regulation, and no one in the US may ever be guaranteed by law to become less googleable. “I never thought we would have such a hard time, that it would turn into such a battle,” Adkisson says. “Just home address, phone number, remove it. One state. Twenty-thousand people.”
This is the first definitive account of how the fate of one of the country’s most intriguing privacy laws came to rest on the shoulders of Adkisson’s latest tech startup, Atlas.
Matt Adkisson is almost your prototypical lifelong entrepreneur. He quit high school at 16 to code video games and small-business websites. His parents insisted, though, that he audit classes across the street from their home, at the US Naval War College in Rhode Island. So he began learning about national security. One lesson he picked up: When judges live in fear and can’t rule impartially, democracies can wither.
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