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Tuesday, 3 July 2012 - Occupy protester's tweets must be handed over: judge |
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See the best of Reuters photography.  See more | Photo caption  Raging wildfires Raging fires strike Colorado and Utah.  Slideshow  Gay Pride parades Revelers celebrate Gay Pride month with parades all around the world.  Slideshow  Occupy protester's tweets must be handed over: judge Tweet Share this Email Print Related News Russian police search Putin foes' homes before rally Mon, Jun 11 2012 Insight: Can Occupy Wall Street survive? Thu, Jun 7 2012 State court rejects bid to delay Penn State sex abuse case Mon, Jun 4 2012 Analysis & Opinion MuniLand Snaps: July 2 Serving the Supreme Court dough before it’s baked Related Topics U.S. » Tech » By Joseph Ax NEW YORK | Mon Jul 2, 2012 4:51pm EDT NEW YORK (Reuters) - 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. The Saturday ruling, released on Monday, marks the second time in three months that Sciarrino has rejected an attempt to quash a subpoena in the case. Prosecutors from the Manhattan district attorney's office have been seeking Harris' tweets from September to December, saying the posts demonstrate he knew police had ordered protesters not to walk on the bridge's roadway. Defense lawyers for some of the 700 Occupy members arrested during the October 1 march have suggested that police appeared to escort them onto the bridge before taking them into custody. 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. Daniel Alonso, Manhattan's chief assistant district attorney, said in a statement that prosecutors were pleased by the latest ruling and "look forward to Twitter's complying and to moving forward with the trial." Martin Stolar, Harris' lawyer, said he was considering whether to appeal, saying Sciarrino should not use what he termed "pre-21st century law" to evaluate issues of modern technology. Sciarrino said the request for data did not violate Harris' privacy rights and that the Stored Communications Act governing disclosure of electronic data protects only private communications. "The Constitution gives you the right to post, but as numerous people have learned, there are still consequences for your public posts," he said. "What you give to the public belongs to the public. What you keep to yourself belongs only to you." (Reporting by Joseph Ax; Editing by Noeleen Walder, Cynthia Johnston and Lisa Von Ahn) U.S. Tech Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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