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Twitter Defends Protester From Manhattan DA's Subpoena
By
Christopher Robbins
Published May 8, 2012
Modified May 9, 2012
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By
Christopher Robbins
Published May 8, 2012
Modified May 9, 2012
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After a Manhattan judge denied Occupy Wall Street protester Malcolm Harris' motion to quash a subpoena for his (innocuous) tweets, Twitter has filed their own motion to quash the Manhattan DA's subpoena. "Twitter's Terms of Service make absolutely clear that its users own their content," the company's attorneys write. "Unlike bank records, the content that Twitter users create and submit to Twitter are clearly a form of electronic communication that, accordingly, implicates First Amendment protections."
Senior Staff Attorney for the ACLU Aden Fine opines:
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.
If Internet users cannot protect their own constitutional rights, the only hope is that Internet companies do so.
You can read Twitter's entire motion and the supporting documents below courtesy of Rankin & Taylor.
Tagged
freedom of speech
manhattan da's office
occupy wall street
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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