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You can find the current article at its original source at http://www.guardian.co.uk/technology/2012/sep/14/twitter-complies-occupy-activist-tweets
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| Version 1 | Version 2 |
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| Twitter complies with prosecutors to surrender Occupy activist's tweets | Twitter complies with prosecutors to surrender Occupy activist's tweets |
| (about 1 month later) | |
| Twitter has relented in its fight with New York prosecutors to hand over three months worth of messages from an Occupy Wall Street protester ahead of the activist's criminal trial. | Twitter has relented in its fight with New York prosecutors to hand over three months worth of messages from an Occupy Wall Street protester ahead of the activist's criminal trial. |
| Twitter had argued that the posts belong to Malcolm Harris and as such it would be violating fourth amendment privacy rights if it were to disclose the communications. | Twitter had argued that the posts belong to Malcolm Harris and as such it would be violating fourth amendment privacy rights if it were to disclose the communications. |
| But having lost a legal appeal against a subpoena, Twitter faced the prospect of steep fines if it did not comply with the judges order to turn over the tweets to the Manhattan district attorney's office. | But having lost a legal appeal against a subpoena, Twitter faced the prospect of steep fines if it did not comply with the judges order to turn over the tweets to the Manhattan district attorney's office. |
| The firm handed over the tweets on Friday after being told by a New York judge that it would be held in contempt after that date. | The firm handed over the tweets on Friday after being told by a New York judge that it would be held in contempt after that date. |
| The activist has been charged with disorderly conduct in relation to a protest on the Brooklyn Bridge in October last year. He was among several hundred Occupy Wall Street demonstrators arrested during the protest march. | The activist has been charged with disorderly conduct in relation to a protest on the Brooklyn Bridge in October last year. He was among several hundred Occupy Wall Street demonstrators arrested during the protest march. |
| Prosecutors say that messages posted by Harris – who goes by the twitter handle @destructuremal – could show whether the defendant was aware that he was breaking police orders relating to the demo. | Prosecutors say that messages posted by Harris – who goes by the twitter handle @destructuremal – could show whether the defendant was aware that he was breaking police orders relating to the demo. |
| In January, the New York district attorney's office issued a subpoena to Twitter, calling on the firm to hand over "any and all user information, including email address, as well as any and all tweets posted for the period 9/15/2011 – 12/31/2011". | In January, the New York district attorney's office issued a subpoena to Twitter, calling on the firm to hand over "any and all user information, including email address, as well as any and all tweets posted for the period 9/15/2011 – 12/31/2011". |
| Harris initially attempted to block the move, but was told that he had no proprietary interest to his own messages. | Harris initially attempted to block the move, but was told that he had no proprietary interest to his own messages. |
| Twitter countered that this contradicts its own terms and conditions, which explicitly states that users "retain their right to any content they submit, post or display on or through". Moreover, in its own legal challenge to the subpoena, the firm accused prosecutors of trying to force its employees to violate federal law. | Twitter countered that this contradicts its own terms and conditions, which explicitly states that users "retain their right to any content they submit, post or display on or through". Moreover, in its own legal challenge to the subpoena, the firm accused prosecutors of trying to force its employees to violate federal law. |
| Lawyers for Twitter also argued that under the Uniform Act, prosecutors would need to obtain a subpoena in California before it could demand documents from a company based in that state. | Lawyers for Twitter also argued that under the Uniform Act, prosecutors would need to obtain a subpoena in California before it could demand documents from a company based in that state. |
| But a New York judge rejected most of the firm's arguments and ordered Twitter to hand over the messages to the court, which would review the material and hand over relevant tweets to prosecutors | But a New York judge rejected most of the firm's arguments and ordered Twitter to hand over the messages to the court, which would review the material and hand over relevant tweets to prosecutors |
| No one at the firm was available to comment, and the New York's district attorney's office declined to respond. | No one at the firm was available to comment, and the New York's district attorney's office declined to respond. |
| Harris' lawyer, Martin Stolar, said the decision by Twitter to hand his client's messages "certainly doesn't help our case". | Harris' lawyer, Martin Stolar, said the decision by Twitter to hand his client's messages "certainly doesn't help our case". |
| He added: "I assume Twitter made a business decision, that they did not want to go into contempt. I would think they would be better off making a business decision to stick up for the fundamental privacy rights of their customers." | He added: "I assume Twitter made a business decision, that they did not want to go into contempt. I would think they would be better off making a business decision to stick up for the fundamental privacy rights of their customers." |
| Harris has pleaded not guilty. Mr Stolar said Friday that he would continue to appeal against the tweets being used as evidence in any criminal trial. | Harris has pleaded not guilty. Mr Stolar said Friday that he would continue to appeal against the tweets being used as evidence in any criminal trial. |
| Comments | |
| 12 comments, displaying first | |
| 14 September 2012 5:41PM | |
| #occupytwitter | |
| Link to this comment: | |
| 14 September 2012 5:50PM | |
| In all fairness, Twitter went far beyond my expectations here. Maybe instead of holding Twitter's feet to the fire, we can address why our right to privacy is slowly being degraded by our politicians and elected officials. | |
| I think we're attacking the wrong source of the problem here. | |
| Link to this comment: | |
| 14 September 2012 6:07PM | |
| Truth^. Also, maybe this is just hackish reporting but can anyone explain on what grounds this judge guy rejected twitter's argument for privacy? Seems like they had some solid legal footing and he simply said no. | |
| Link to this comment: | |
| 14 September 2012 7:19PM | |
| Having been denied freedom of assembly, we next move on to freedom of speech, and so ot goes... | |
| Link to this comment: | |
| 14 September 2012 8:05PM | |
| This comment was removed by a moderator because it didn't abide by our community standards. Replies may also be deleted. For more detail see our FAQs. | |
| 14 September 2012 9:11PM | |
| Were you one of those who wanted to see Sarah Palin's e-mails? If something is out there in the public domain, so to speak, and even if access is somewhat limited, how much privacy can you rationally expect? And how much sympathy do you think you will get from public officials? Not much would be my guess. | |
| Link to this comment: | |
| 14 September 2012 9:44PM | |
| Harris' lawyer, Martin Stolar, said the decision by Twitter to hand his client's messages "certainly doesn't help out case". | |
| Other than the typo (way too many of these lately), I suspect that Harris needs a better lawyer. I'd advise one that doesn't imply guilt. | |
| Link to this comment: | |
| 15 September 2012 12:57AM | |
| I agree. This isn't Twitter's fault. | |
| Link to this comment: | |
| 15 September 2012 2:10AM | |
| oh jesus fc it IS twitter's fault in throwing in the towel goddam it--whatever twitter is who cares--it is the fault of every American when the spirit of the principles and the very principles themselves enshrined in the founding constitutional documents of the United States Of &c etc etc...the civil liberties of the people of this country utterly and seemingly instantly undone by smack-headed low-life power-grabbing bloodthirsty monkeys in the lamest of kangaroo courts. WTF is wrong with the a-hole judge(s) is what I want to know, nevermind the prosecution--the prosecution will usually be the hairy a-hole in cases of powergrabs like this eventhough they must know in their heart of hearts how wrong it is to destroy the glorious citadel protecting America for their tidy little paycheck/pension. Yeah, twitter sucks alright but in their suckiness they are in excellent, comprehensively attended company (did I say company?). | |
| A fatal combination of Something Else (cowardice apathy, greed, lameness, stupidity, boorishness and so on) has taken over the hive--and everywhere I go, people know it and look uselessly contrite in their new powerlessess. | |
| Of the government, from prosecutor, to municipality, to corporate body (whoops did I say that?) to judiciary and up, sadly, one is never to be surprised at the prosecutorial over-reach, THAT'S as old as the hills; it's in the present state of the sh*tty, callow, ignoble, supine, empty-headed, narrow-minded, shortsightedness (in failing to protect the principles enshrined etc etc) of the a-holes who keep failing to protect these United States Of America--especially the sticky arsed mofo's at the internet, telecoms and wireless carriers who knowingly surrender seeing much better money--. Not twitters fault my a**. Things have gone off the rails--if they were ever ON the rails. This twitter crap has put ME off the rails | |
| Link to this comment: | |
| 15 September 2012 11:47AM | |
| "Certainly doesn't help our case" - sort of makes you wonder what's in the tweets, doesn't it? | |
| Link to this comment: | |
| 15 September 2012 1:11PM | |
| If you tweet it, they will read. Or something like that. Tweeting is essentially public graffiti so next time find a better way to rally your troops. | |
| Link to this comment: | |
| 16 September 2012 12:45PM | |
| Rebels without a unified cause are still proof that all is not well with the status quo. "Let them eat cake." That won't do for Wall Street, anymore than it did for Marie Antoinette. Deep inequalities exist out there and we should try to see them -- despite the myopic tendency of the Street. | |
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| Site ends fight with New York lawyers after contempt warning from judge over protester Malcolm Harris's Twitter account • Occupy Wall Street one year later – what do you remember? | |
| Twitter has relented in its fight with New York prosecutors to hand over three months worth of messages from an Occupy Wall Street protester ahead of the activist's criminal trial. | |
| Twitter had argued that the posts belong to Malcolm Harris and as such it would be violating fourth amendment privacy rights if it were to disclose the communications. | |
| But having lost a legal appeal against a subpoena, Twitter faced the prospect of steep fines if it did not comply with the judges order to turn over the tweets to the Manhattan district attorney's office. | |
| The firm handed over the tweets on Friday after being told by a New York judge that it would be held in contempt after that date. | |
| The activist has been charged with disorderly conduct in relation to a protest on the Brooklyn Bridge in October last year. He was among several hundred Occupy Wall Street demonstrators arrested during the protest march. | |
| Prosecutors say that messages posted by Harris – who goes by the twitter handle @destructuremal – could show whether the defendant was aware that he was breaking police orders relating to the demo. | |
| In January, the New York district attorney's office issued a subpoena to Twitter, calling on the firm to hand over "any and all user information, including email address, as well as any and all tweets posted for the period 9/15/2011 – 12/31/2011". | |
| Harris initially attempted to block the move, but was told that he had no proprietary interest to his own messages. | |
| Twitter countered that this contradicts its own terms and conditions, which explicitly states that users "retain their right to any content they submit, post or display on or through". Moreover, in its own legal challenge to the subpoena, the firm accused prosecutors of trying to force its employees to violate federal law. | |
| Lawyers for Twitter also argued that under the Uniform Act, prosecutors would need to obtain a subpoena in California before it could demand documents from a company based in that state. | |
| But a New York judge rejected most of the firm's arguments and ordered Twitter to hand over the messages to the court, which would review the material and hand over relevant tweets to prosecutors | |
| No one at the firm was available to comment, and the New York's district attorney's office declined to respond. | |
| Harris' lawyer, Martin Stolar, said the decision by Twitter to hand his client's messages "certainly doesn't help our case". | |
| He added: "I assume Twitter made a business decision, that they did not want to go into contempt. I would think they would be better off making a business decision to stick up for the fundamental privacy rights of their customers." | |
| Harris has pleaded not guilty. Mr Stolar said Friday that he would continue to appeal against the tweets being used as evidence in any criminal trial. |