Legal News

Twitter Subpoena Raises a Storm of Legal Questions
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Thursday, electronic privacy advocates argued that the subpoena to Twitter seeking the tweets of an Occupy Wall Street protester violates his rights to free speech and privacy. The filing from ACLU holds that Twitter is not the owner of the tweets of Malcolm Harris, but he, Harris is the only owner of his tweets.

This is in line with Twitter’s own representation that it runs a platform and does not own the content. Hence, argue the challengers, the subpoena to Twitter to hand over the tweets of Malcolm Harris is misdirected and the subpoena should have been served on Harris and not on Twitter. Malcolm Harris is one of the 700 protesters arrested during last October’s government crackdown at Brooklyn Bridge.

Prosecutors from the Manhattan District Attorney’s office maintained that the personal information of Harris on Twitter and all of his tweets between Sept 15 to Dec 31 are required verify his stand that the police either led or escorted protesters into the roadway. Earlier, the Manhattan Criminal Court Judge, Matthew Sciarrino Jr had ruled that Harris did not have the locus standi to challenge the subpoena.

  
What
Where


Privacy and speech activists hold that if the judge upholding the district attorney’s subpoena undermines a basic tenet of Internet communication of this age – that the author, and not the company whose services are used, is responsible for the content.

The brief submitted by ACLU on Thursday argues that Harris has the standing to bring a First Amendment challenge against the subpoena because it would reveal sensitive details about him and that the subpoena violates Harris’s Fourth Amendment right against warrantless search. With access to Twitter data, the government can “reconstruct their movements to conduct virtually 24 hours surveillance of them.”

The district attorney’s office submitted in its brief, “this claim is meritless because defendant has no reasonable expectation of privacy in information that he asked Twitter to publish to what is, after all, the world-wide web.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Susan Freiwald, a professor of cyber law and information privacy at the University of San Francisco School of Law told Reuters, “Everything on the Internet is held by a third party …If you were to say that the third party rule retains force on the Internet, then we would have no privacy online.”





 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Attorney with 4+ years of employment law experience

USA-CA-San Francisco

San Francisco office of our client seeks attorney with 4+ years of employment law experience. The ca...

Apply Now

Real Estate Transactional Attorney with 4-12 years of leasing experience

USA-CA-Orange

Irvine office of our client seeks real estate transactional attorney with 4-12 years of experience. ...

Apply Now

IP/Technology Transactions Counsel/Junior Partner with experience

USA-NY-New York City

New York City office of our client seeks IP/technology transactions counsel/junior partner with expe...

Apply Now

Global Sourcing and Technology Attorney with 2-4 years of experience

USA-TX-Dallas

Dallas office of our client seeks global sourcing and technology attorney with 2-4 years of experien...

Apply Now

RELEVANT JOBS

Environmental Associate

USA-NJ-West Orange

Chiesa Shahinian & Giantomasi PC has an immediate opening for an environmental associate to join our...

Apply now

Corporate / Commercial Attorney | Lebanon, NH

USA-NH-Lebanon

Downs Rachlin Martin PLLC seeks an experienced corporate / commercial attorney to join its Lebanon o...

Apply now

Legal Assistant

USA-FL-Sarasota

Legal Assistant The candidate will be answering phones, to scheduling appointments and case managem...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top