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Twitter To Appeal Turning Over Protester's Messages

Posted by samzenpus on from the keep-your-hands-off-my-tweets dept.

angry tapir writes "Twitter plans to appeal a ruling to turn over the once-public tweets of an Occupy Wall Street protester charged with disorderly conduct, a case the company says threatens the First Amendment rights of its users. A New York Criminal Court judge ruled last month that Twitter should turn over the tweets of Malcolm Harris, since his messages were public and are not the same as an email or a private chat, which would require a search warrant."

3 of 71 comments (clear)

  1. Re:Can the Public Become Private? by Jerry+Smith · · Score: 5, Insightful

    Imagine putting a sign on your front lawn. A month later you bring it inside your house. Since the sign was public, does that mean the police no longer need a warrant? If twitter loses this appeal, the answer to that question will be no. It is essentially saying anything made public can never be made private. Now, if someone took pictures of that sign on your lawn, that's another matter. So a snapshot of a public site would be fair game. So much so, I wonder if the police monitor tweets and store potentially interesting ones?

    You can't unsay what you have said. If you scream at someone "I'm gonna kill you", it will be used against you.

    --
    All those moments will be lost in time, like tears in rain. Time to die.
  2. Re:Can the Public Become Private? by Anonymous Coward · · Score: 5, Insightful

    This is disorderly conduct. It is several orders of magnitude less than threatening to kill someone. Flipping off a cop, pissing in the street, having a temper tantrum, or being drunk in public are items that would normally be grouped under this crime. In the court that I used to work at the penalty was typically a $100 fine and 1 day in jail (which was credited even if you bailed out immediately). It is basically the judicial system's version of a time-out. With a lawyer, it would almost always result in a deferred sentence (no criminal record).

    There is no value to the state in searching for evidence to this crime. If the state needs anything more than the statements of witnesses, the statements of the cops, or voluntarily turned over camera footage, then the prosecutor is wasting his or her time and scarce resources.

  3. Not so public by geniusj · · Score: 4, Insightful

    The comment may be public, but clearly his identity isn't, or they'd know it.