New York City Subpoenas Twitter For Occupy Wall Street Protester Data
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Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#2IANAL, but can someone explain what information might be gained via this subpoena to build a case?
To me, it seems like the information from twitter would be useful in building a conspiracy case, but since this guy was only charged with Failure to Obey, Blocking Traffic, and Prohibited Use of Roadway, I don't see how information from his twitter account will help prove those charges. (Unless of course, he tweeted: "I'm blocking the roadway and disobeying police!")
Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#3IANAL, but can someone explain what information might be gained via this subpoena to build a case? To me, it seems like the information from twitter would be useful in building a conspiracy case, but since this guy was only charged with Failure to Obey, Blocking Traffic, and Prohibited Use of Roadway, I don't see how information from his twitter account will help prove those charges. (Unless of course, he tweeted: "I…
So they can keep him in jail for an extra couple hours by charging him with "Conspiracy to fail to obey, Conspiracy to block traffic, and Conspiracy to ... uh ... prohibited use of roadway."
Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#4Wait, I thought Twitter was going to change the world by allowing open communications channels to circumvent tyranny? Kind of a useless tool in that regard if it documents all your information and the company is willing to hand it all over at a moment's notice.
Does Twitter have an official stance on this anywhere?
Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#5Wait, I thought Twitter was going to change the world by allowing open communications channels to circumvent tyranny? Kind of a useless tool in that regard if it documents all your information and the company is willing to hand it all over at a moment's notice. Does Twitter have an official stance on this anywhere?
Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#6It's troubling that this type of data gathering doesn't require a warrant. The American Government can't expect oppressive countries to clean up their act when the example they set is to bypass civil liberties whenever possible.
Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#7> U.S. activists who thought Twitter was a secure way to communicate during demonstrations may have another thing coming.
People actually think this? I've never been a big fan of the occupy wall street crowd, and when I hear things like this, my opinion of them just keeps falling.
Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#8IANAL, but can someone explain what information might be gained via this subpoena to build a case? To me, it seems like the information from twitter would be useful in building a conspiracy case, but since this guy was only charged with Failure to Obey, Blocking Traffic, and Prohibited Use of Roadway, I don't see how information from his twitter account will help prove those charges. (Unless of course, he tweeted: "I…
I don't see how information from his twitter account will help prove those charges.
You don't have to. In the US's legal system, the standard for what is discoverable extremely loose. It doesn't just have to be data that you know is relevant, it is any data that might have a chance (even a small one) of containing data that might be relevant.
For example, there's some possibility that the user could have tweeted information about their actions and movements during that time period, and there's some possibility that information might help the attorneys build their theory of the case. So the prosecutors (or plaintiffs, or whoever) are allowed to ask for that information.
It's actually one of the reasons why legal costs in the US and UK are so famously high. The wide net brings in a lot more information that needs to be looked at, and paying attorneys $100s per hour to look at it gets expensive very quickly.
Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#9IANAL, but can someone explain what information might be gained via this subpoena to build a case? To me, it seems like the information from twitter would be useful in building a conspiracy case, but since this guy was only charged with Failure to Obey, Blocking Traffic, and Prohibited Use of Roadway, I don't see how information from his twitter account will help prove those charges. (Unless of course, he tweeted: "I…
So they can keep him in jail for an extra couple hours by charging him with "Conspiracy to fail to obey, Conspiracy to block traffic, and Conspiracy to ... uh ... prohibited use of roadway."
Free markets can be a loophole around civil liberties, that's why the US Presidential administrations like to go this route.
Re: New York City Subpoenas Twitter For Occupy Wall Street Protester Data
#10It's troubling that this type of data gathering doesn't require a warrant. The American Government can't expect oppressive countries to clean up their act when the example they set is to bypass civil liberties whenever possible.
If what you mean to argue is that this data gathering needed to be done under court supervision, well, it was. A subpoena is the type of court supervision process that is applicable in this case. What the subpoena means is that an attorney got a court order compelling a party to provide evidence.
Warrants are also issued by the courts, but they do something different: They permit law enforcement officials (not attorneys) to perform acts that would normally be illegal in order to gather evidence.