Twitter Tries to Defend Occupy Protester Against Subpoena
May 9, 2012 5:04 PM
comment(s) - last by
Twitter fights New York Court
Prosecutors in New York have filed a subpoena with twitter to obtain the twitter history for an Occupy protesters named Malcolm Harris. Harris participated in an occupy protest that blocked the Brooklyn Bridge in October and is being prosecuted for disorderly conduct. As part of that prosecution, the District Attorney's Office that is prosecuting the case filed a subpoena with twitter to obtain Harris' twitter history over a few months surrounding the protest.
Harris found out about the subpoena from twitter and tried to stop it on his own, but the judge prosecuting the case blocked Harris saying he didn't have to legal grounds to fight a third-party subpoena. The judge likened Harris to account holder at a bank that doesn't have the legal right to fight a subpoena seeking account details filed against the bank.
Luckily for Harris, twitter is stepping up and fighting subpoena on his behalf. Twitter file a motion in New York state court yesterday asking the judge to block subpoena that would force it to turn over user account data. The prosecutors in the case hit twitter with a 2703 order that allows access to some types of user data without a warrant under the Stored Communications Act.
Twitter is arguing that the data belongs to Harris under twitter's terms of service and being forced to hand over that data would violate those terms of service and the SCA. Twitter is also arguing that handing over the data would violate the fourth amendment protections against search without a warrant. The last argument is that twitter is in California and prosecutors in New York would need to make a case with a California court to obtain twitter data. According to Forbes, twitter actually told Harris the court was seeking his data.
The ACLU is supporting twitter with one of its staff attorneys Aden Fine writing, "This is a big deal. Law enforcement agencies—both the federal government and state and city entities—are becoming increasingly aggressive in their attempts to obtain information about what people are doing on the Internet. And while the individual Internet users can try to defend their rights in the rare circumstances in which they find out about the requests before their information is turned over, that may not be enough. Indeed, even though Twitter provided notice to the Twitter user in this particular case, and even though he was able to get an attorney to file a motion seeking to quash the subpoena, the court found that the Twitter user did not have legal “standing” to challenge the D.A.’s subpoena."
The ACLU also sent the New York Court overseeing the case a memorandum in support of twitter's motion. That document can be viewed
. Whether or not what the ACLU thinks will have any bearing on the case remains to be seen.
This article is over a month old, voting and posting comments is disabled
5/10/2012 4:49:10 PM
There is no truth, just perception. If you lay a person bare and pick out what is relevant to prosecution, leaving the rest behind (even contrary information) you haven't obtained the truth. Prosecutors are paid to convict people, not determine what the truth is. To convict them, they need to create the perception that the person is guilty.
It may be news because it involves an OWS protester, but I believe that companies shouldn't simply give the government all documentation just because they asked. We need to limit the power of the government in every aspect of our lives. They may end up getting the info, but not without due process.
Do you think that if Twitter simply gave up the information to any government that asked for it and the Syrian government got a hold of it people wouldn't die?
"I modded down, down, down, and the flames went higher." -- Sven Olsen
Breaking Bad: How to Crash Google's Chrome Browser With Just 8 Characters
September 23, 2015, 11:08 AM
Quick Note: Amazon UK Offers £10 Back on Any Order £50 or Over
August 3, 2015, 12:05 PM
Editorial: Reddit Allows Itself to be Hijacked as a Hate Platform For Racist Bigots
July 21, 2015, 6:32 PM
Mozilla and Facebook to Adobe: It's Time to Kill Flash
July 20, 2015, 6:30 PM
Instagram Bans "Curvy" From Hashtag Searches, Provokes "Plus Sized" Outrage
July 16, 2015, 1:20 PM
Mozilla Promise Punctual Windows 10 Firefox Release, Teases at iOS Arrival
July 7, 2015, 3:08 PM
Most Popular Articles
Why the U.S. Won't be Able to Ban Google's New Huawei Marshmallow Flagship Phone
October 3, 2015, 5:27 PM
Microsoft Band 2 Stays Focused on Fitness, Debuts Oct. 30, Priced at $249
October 6, 2015, 9:16 PM
Microsoft's HD-500 ("Display Dock"), the Magic Sauce Behind Continuum
October 6, 2015, 5:30 PM
Apple's First Fixes to iOS 9 Land w/ iOS 9.0.1 Release
September 23, 2015, 6:11 PM
Microsoft Lumia 950 and 950 XL Finally Launch, w/ Windows 10, Liquid Cooling
October 6, 2015, 3:35 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2015 DailyTech LLC. -
Terms, Conditions & Privacy Information