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Judge: Lawsuits Now Can Be Served Using Twitter (usnews.com)

Reader schwit1 writes: A Kuwaiti religious leader who allegedly raised money for jihadist rebels in Syria appears poised to become the first foreigner served a U.S. lawsuit via Twitter.

Hajjaj bin Fahd al-Ajmi has been a hard man to reach for a lawyer seeking compensation in a northern California federal court on behalf of hundreds of thousands of Assyrian Christians who own property in Iraq and Syria.

U.S. Magistrate Judge Laurel Beeler, resolving the impasse, found al-Ajmi has "an active Twitter account and continues to use it," offering the "method of service most likely to reach" him to satisfy the service of process requirement for the case to move forward.

Al-Ajmi is accused by both the U.S. government and the U.N. Security Council of funneling money to armed terrorists.

49 comments

  1. jurisdiction? by Anonymous Coward · · Score: 4, Insightful

    a u.s. court is hearing a case involving property rights in foreign countries? wtf. i get that they may have a valid complaint; but shit, this is just a little out-of-bounds... even by twisted u.s. government standards.

    1. Re:jurisdiction? by Anonymous Coward · · Score: 0

      I could just see him looking down at his smart phone and laughing. Then walking off into his infinite oil fields of wealth.

    2. Re:jurisdiction? by Anonymous Coward · · Score: 0

      ...provided by the insatiable need of the same U.S. for his brown sticky stuff.

    3. Re:jurisdiction? by unixisc · · Score: 3, Interesting

      The Assyrian plaintiffs in this case - aren't they Nor Cal residents who've fled Iraq/Syria and come here, even though their property there is still in their name? That would be how - and why

    4. Re:jurisdiction? by Joe_Dragon · · Score: 1

      we can take there us bank accounts

    5. Re:jurisdiction? by Anonymous Coward · · Score: 0

      In a case which deals with loss of property and damage in a countries during a war.. The WW2 would have been instantly over if everybody would have sued everybody else for property damage in Californian court.

    6. Re:jurisdiction? by Anonymous Coward · · Score: 0

      Especially when you consider that the US still refuses to ratify the treaty for the International Criminal Court (ICC) in The Hague and has even threatened to attack the court if Americans should be put to trial in it - which could only ever happen *after* the US had flat-out refused to prosecute a citizen for genocide, war crimes or crimes against humanity.

    7. Re:jurisdiction? by ShanghaiBill · · Score: 1

      we can take their us bank accounts

      According to TFA, that is not the primary goal. The real target is the assets of the bank itself. First, the plaintiffs need to win the case to have Al-Ajmi labeled a terrorist, then they can go after the banks that allowed him to funnel money to Nusra.

    8. Re:jurisdiction? by whh3 · · Score: 1

      It's *possible* that this could be a way to get the jurisdiction (using property) over someone who is not in the territory. If the suit is about property and that property is within the territory then they can have jurisdiction and service can be published that way. If he doesn't show up then the default judgment will go forward and the attached property will go to plaintiff.

      Pennoyer v Neff

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      remove nospam. to email!
  2. Lawsuit? by Anonymous Coward · · Score: 0

    Lawsuit? Just shoot the asshole!

  3. Twitter? by rlp · · Score: 1

    That's crazy. You can't verify that the person served actually received the document.

    --
    [Insert pithy quote here]
    1. Re: Twitter? by Anonymous Coward · · Score: 0

      Sure you can. If he logs onto twitter in the coming days, that means he's received it.

    2. Re: Twitter? by Anonymous Coward · · Score: 0

      Sure you can. If he logs onto twitter in the coming days, that means he's received it.

      And an IP address is a guarantee of the person using the computer, right?
      After all, no one else could ever log into an online social media account.

    3. Re: Twitter? by Coisiche · · Score: 1

      And will probably care as much as if he'd been handed the documents in person, i.e. not at all.

    4. Re:Twitter? by dunkindave · · Score: 4, Informative

      I have only read the summary but I think the title is misleading. This doesn't mean people can now use Twitter for serving, just that in this one case a judge signed off on it due to circumstances.

      The law spells out how a person must be served, but if you can show the Court that you couldn't do it as prescribed, you can ask the Court for permission to do it another way which is what I think happened here. They presented the Court with an argument for why they needed to use an alternative means of serving, in this case using Twitter, and the Court approved the plan. If the defendant later wants to argue they were unaware of the suit then they can, but for now it is considered a valid serving since the Court gave it its stamp of approval.

    5. Re:Twitter? by Anonymous Coward · · Score: 0

      You can't prove alot of things.
      If the Judge accept it in this case then it is fine in the eyes of the law.
      Hajjaj bin Fahd al-Ajmi can appeal if he disagrees. But then he would be in a catch-22.

    6. Re:Twitter? by johanw · · Score: 2

      He can also just ignore that judge since he will probably never set foor on US soil. Unless he is illegally kidnapped by the CIA.

    7. Re:Twitter? by Anonymous Coward · · Score: 0

      Due to the games people play with avoiding service, a judge can allow alternate service. If all reasonable attempts to contact someone fail, they'll approve alternate service. If they see you using your Twitter every day, then they won't have any trouble contacting you via Twitter. You can pretend you didn't see it, but the court won't buy that.

      Of course, there are dodges there, too. PJ infamously took a "health break" on Groklaw around the time SCO was going to subpoena her and try for alternate service. Naturally, it's hard to blame her from ducking an abusive subpoena when they're such creeps and it probably really did impact her health, but that's how one might still duck a subpoena.

    8. Re:Twitter? by Anonymous Coward · · Score: 0

      Some law spells out how a person must be served (like personal service in New York in divorce actions, by virtue of a statute saying so) but in a lot of areas and jurisdictions it's much more permissive and becomes a matter of how a person may be served. The limit to this is the defendant's Constitutional due process interest:

      "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Mullane v. Central Hanover Trust Co., 339 U.S. 306, 314 (1950)

      Those are pretty broad words, and I've no doubt that a Tweet can qualify.

    9. Re: Twitter? by alvinrod · · Score: 1

      How can you guarantee it's the account owner who is using the account though? It's entirely possible for someone else to take over an account or in other cases for a person to have someone else running and managing the account for them.

      Just get the army involved. They can attach Mr. bin Fahd al-Ajmi's letter to a predator drone missile and air mail it to him.

    10. Re:Twitter? by Anonymous Coward · · Score: 0

      You can't verify that even with the manual process. I've been "served" twice, and in both cases, the process server gave the summons to someone else.

    11. Re: Twitter? by ShanghaiBill · · Score: 1

      And will probably care as much as if he'd been handed the documents in person, i.e. not at all.

      It doesn't matter if he cares. The important thing is that, once he is served, the lawsuit can proceed. If he fails to show up in court, he loses by default, and the plaintiff can begin the process of seizing his assets, including accounts at two Kuwaiti banks that use American financial clearing networks.

    12. Re:Twitter? by ShanghaiBill · · Score: 1

      He can also just ignore that judge since he will probably never set foor on US soil. Unless he is illegally kidnapped by the CIA.

      This is a civil lawsuit. It isn't about arresting him, it is about going after his assets, and (more importantly) the assets of his co-defendants.

    13. Re:Twitter? by Anonymous Coward · · Score: 0

      Yeah, because american judges totally ignore precedents in lawmaking.

    14. Re: Twitter? by Anonymous Coward · · Score: 0

      They can attach Mr. bin Fahd al-Ajmi's letter to a predator drone missile and air mail it to him.

      That was my thought. Tape it to a Hellfire and serve the fucker.

    15. Re: Twitter? by meerling · · Score: 1

      No, it means he was on twitter, or haven't you noticed that when there's a lot of garbage, you tend to ignore what's off-screen? Especially if you get a lot of it, or don't check often. It's not a viable means of communicating for any vital, critical, or legal stuff by any means unless you are a complete moron. Something I fear too many judges are these days, at least when it comes to anything vaguely modern. (ianal)

    16. Re: Twitter? by Anonymous Coward · · Score: 0

      And will probably care as much as if he'd been handed the documents in person, i.e. not at all.

      It doesn't matter if he cares. The important thing is that, once he is served, the lawsuit can proceed. If he fails to show up in court, he loses by default, and the plaintiff can begin the process of seizing his assets, including accounts at two Kuwaiti banks that use American financial clearing networks.

      So, what you're saying is that they're deploying a technical legal device of dubious morality to 'asset strip' this guy?

      And there was me thinking that Christians had the moral high ground here, and as a rule had to turn the other cheek and all that shit...hey, good on them for finally growing some and fighting back...oh wait, what's this I read ? the instigator of this is a '...lawyer seeking compensation in a northern California federal court on behalf of hundreds of thousands of Assyrian Christians..')
      Hmmm, '..hundreds of thousands..' eh?, Is, perchance the lawyers name Shyster Huckster? Oh, no, wait...(dig, dig, dig) whoever he is is working for an organisation calling itself 'St. Francis Assisi', even funnier..

      Bonus points for 10, who said '..Where there is hatred, let me sow love. Where there is injury, pardon. Where there is doubt, faith...For it is in giving that we receive; it is in pardoning that we are pardoned...' ?

      Don't get me wrong here, I don't mind nor care if they go for Mr Hajjaj bin Fahd al-Ajmi's assets and those of anyone involved with him, I just find the legal machinations they're employing to be somewhat suspect, and, considering we're talking about a bunch of Christians (on best available evidence) who've taken these action in the name of one of their more tolerable 'Saints', just a wee bit amoral.

      Ah, fuck'em..that's between them and their MSF...

    17. Re:Twitter? by Anonymous Coward · · Score: 0

      Can I object overt twitter then?

    18. Re:Twitter? by AvitarX · · Score: 1

      You can't do the that for a document taped to a last known address either, or an ad in a newspaper.

      Those are both accepted for various things after good faith efforts for more direct contact fail.

      This case will likely go undefended, a judgement received, and then that person won't be able to have US assets.

      In the end, it'll just be feel good.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  4. Blaming America first by mi · · Score: 1, Troll

    even by twisted u.s. government standards

    Blaming America is always good Karma — as if we invented Universal Jurisdiction. I presume, Belgium prosecuting Israelis for war crimes committed by Lebanese in a war, to which Belgium was never a party, was Ok with you?

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    In Soviet Washington the swamp drains you.
    1. Re:Blaming America first by johanw · · Score: 1

      Even better: G.W. Bush didn't dare comming to Switzerland because he could face arrest for war crimes in a war the Swiss never participated.

    2. Re:Blaming America first by mi · · Score: 1, Informative

      Even better: G.W. Bush didn't dare comming to Switzerland because he could face arrest for war crimes in a war the Swiss never participated.

      Not quite true.

      --
      In Soviet Washington the swamp drains you.
    3. Re:Blaming America first by Anonymous Coward · · Score: 0

      Kudos to you, that's three fallacies in two sentences!

    4. Re:Blaming America first by NatasRevol · · Score: 1

      Not sure universal jurisdiction can apply.

      Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage.

      Funneling money anywhere, for any reason, isn't a 'crime against all', nor 'too serious to tolerate jurisdictional arbitrage"

      --
      There are two types of people in the world: Those who crave closure
    5. Re:Blaming America first by Anonymous Coward · · Score: 0

      even by twisted u.s. government standards

      Blaming America is always good Karma — as if we invented Universal Jurisdiction. I presume, Belgium prosecuting Israelis for war crimes committed by Lebanese in a war, to which Belgium was never a party, was Ok with you?

      The war crimes are separate of civil and criminal matters. In your perfect law world, if Belgium were to completely massacre the entire population of the US and colonize it as empty land, who would charge them with war crimes? They are a separate class for good reason.

    6. Re:Blaming America first by mi · · Score: 1

      Funneling money anywhere, for any reason, isn't a 'crime against all', nor 'too serious to tolerate jurisdictional arbitrage"

      How about funneling money to finance genocidal gas chambers? Oops... ISIS aren't using gas chambers, but their own kind of genocide is not any better.

      At any rate, it was not the much-hated US, that invented the concept of prosecuting wrongdoers abroad, so blaming us and our "twisted standards" is incorrect, however popular.

      --
      In Soviet Washington the swamp drains you.
  5. Slashdot also? by ojfresdhg · · Score: 1

    Can a lawsuit be served using Slashdot also?

    1. Re: Slashdot also? by Anonymous Coward · · Score: 0

      Yes, but only if you log in and or post.

      So read every comment, junk mail and @ twitter ever. Just in case.
      Ignorance is not an excuse!

    2. Re:Slashdot also? by Anonymous Coward · · Score: 0

      Et tu, slashdot?

    3. Re:Slashdot also? by Anonymous Coward · · Score: 1

      Can a lawsuit be served using Slashdot also?

      Yes, but the defendant will have already read about the lawsuit on other websites a week ago,and then get served twice on Slashdot.

    4. Re:Slashdot also? by thoughtlover · · Score: 1

      Well, I see this as bad for most websites, like Twitter and Slashdot, that rely on user-participation. Delete thy account (or never log in, again) if you're worried you're gonna be served.

      --
      No sig for you! Come back one year!
  6. Verification by phorm · · Score: 2

    And you can validate that he's the one with the twitter account, and that he's the one that actually signed in.

    Heck, one of the most popular twitter accounts used to be this one, and while it obviously has "fake" in the name, I'm fairly sure there are lots of fake ones out there. For all I know there could be somebody posing as me on twitter or facebook etc right now.

    But hey, it's a crazy terrorist so let's just create some horrible laws or legal precedent. It's not like some jackass will abuse it but creating a impersonation twitter/FB account of somebody they don't like, serving them papers, and then getting a default judgement when they don't show.

  7. monopoly by Anonymous Coward · · Score: 0

    The US government wants to be the only one arming terrorists... how selfish!

  8. You got served! by twistedcubic · · Score: 1

    Sorry, couldn't resist...

  9. So the hacker of the account is served? by WillAffleckUW · · Score: 1

    Seriously, just because some judge has no idea how the Internet works, and that devices are not people, does not make twitter delivery of lawsuits count as "being served".

    You have to serve them either in person or at their place of residence.

    For all we know his twitter account is run by a follower, and not him.

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    -- Tigger warning: This post may contain tiggers! --
  10. Re:Twitter? not if he blocked you by WillAffleckUW · · Score: 1

    There's these two features on Twitter:

    Block

    and

    Mute

    Just because you tweet at someone, doesn't mean:

    a. they see it;
    b. they haven't set DMs off from non-friends

    Many public figures don't even enable DMs, and tend to Mute people that are abusive.

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    -- Tigger warning: This post may contain tiggers! --
  11. Alien Tort Statute by SeattleLawGuy · · Score: 1

    a u.s. court is hearing a case involving property rights in foreign countries? wtf. i get that they may have a valid complaint; but shit, this is just a little out-of-bounds... even by twisted u.s. government standards.

    And that's a point which people can argue in the court and (depending on the case) usually win on. The US Courts--especially the federal courts--are much more thoughtful about these things than most people give them credit for. Obviously terrorists will have a harder time, but the courts still follow the law--IIRC the DC Circuit released a terrorist on an ex post facto clause violation a few years back, for example.

    People do really bad things in lots of places where the rule of law is effectively nil; activists and victims go after them in US courts where possible, but it is still only possible in rare cases. The Supreme Court has approximately your level of skepticism for jurisdiction over acts committed in foreign countries, but there are rare exceptions. As to property, a US court can't directly affect title to property in a foreign country, but it may have jurisdiction over a person who controls the property, or have an agreement with or understanding by the country in question whereby the country will honor certain actions or documents. (A will that has been probated in the US or a US divorce decree, for example, might be used in another country's court to transfer title to property).

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    Real lawyers write in C++
  12. omg by KingBenny · · Score: 1

    they warned the terrerizt on twitter ?
    that'l teach him

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    Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
  13. OK by Anonymous Coward · · Score: 0