Occupy protestor's tweets must be handed over: judge

[Jeffrey Walton <noloader () gmail com>]

http://www.technolog.msnbc.msn.com/technology/technolog/occupy-protestors-tweets-must-be-handed-over-judge-859185

A New York judge has ordered Twitter to hand over tweets and account
information connected with an Occupy Wall Street protester arrested
last fall during a march on the Brooklyn Bridge.

Criminal Court Judge Matthew Sciarrino, who is overseeing the hundreds
of criminal cases stemming from Occupy-related arrests, rejected the
idea that Twitter would violate protester Malcolm Harris' privacy by
turning over the information.

"If you post a tweet, just like if you scream it out the window, there
is no reasonable expectation of privacy," the judge wrote in his
decision. He said he would review the information himself and release
relevant portions to both prosecutors and Harris' lawyer
...

Twitter spokeswoman Carolyn Penner said the company was disappointed
by the ruling and would consider its legal options.

"Twitter's Terms of Service have long made it absolutely clear that
its users 'own' their content," she said in an emailed statement. "We
continue to have a steadfast commitment to our users and their
rights."

In April, Sciarrino found that Harris, a Brooklyn-based writer, lacked
standing to fight the subpoena because his information belonged to
Twitter. The company then filed its own motion to quash on behalf of
Harris.

Twitter's motion indicates a willingness to stand up for the rights of
a member, as protesters around the world have used the service to
organize their efforts in recent years. In March, a judge ordered
Twitter to hand over information about an account police said was
indirectly tied to the Occupy Boston movement.
...

Law enforcement agencies in the United States are behind the
overwhelming majority of requests for Twitter users' private
information, the social media company revealed Monday in its first
ever public report on the subject.

Of the 849 total government requests for user information during the
period spanning January 1 to June 30 this year, 679 — or 80 percent —
took place in the United States, typically for use in criminal
investigations, Twitter said.

Japan was in second place after the United States with 98 requests
filed by police, followed by 11 requests from law enforcement agencies
in the United Kingdom and the same number from agencies in Canada.
...
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