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Slideshow Sponsored Links Occupy Wall Street protester whose tweets were subpoenaed to plead guilty Tweet Share this Email Print Related News In brewing rivalry, Instagram trims ties to Twitter Wed, Dec 5 2012 Vatican unveils Pope's Twitter handle: @pontifex Mon, Dec 3 2012 FBI uses Twitter, social media to look for securities fraud Mon, Nov 26 2012 Petraeus case shows ease of government email snooping Sat, Nov 17 2012 N.J. man who confessed to Etan Patz's murder faces charges in court Thu, Nov 15 2012 Analysis & Opinion Pope gets over half million Twitter followers a day after joining as @Pontifex Media in India: fine line between regulation and freedom Related Topics U.S. » Tech » By Joseph Ax NEW YORK | Wed Dec 5, 2012 9:33pm EST NEW YORK (Reuters) - An Occupy Wall Street protester who has waged a legal battle to keep his tweets from falling into prosecutors' hands will plead guilty to a charge of disorderly conduct on Friday, his lawyer said on Wednesday. The case against Malcolm Harris, 23, one of hundreds arrested during a mass march across the Brooklyn Bridge in October 2011, had drawn the attention of electronic privacy advocates who worry that it could limit the rights of Twitter users in the future. Harris' attorney, Martin Stolar, said he has conferred with Criminal Court Judge Matthew Sciarrino and expects that Harris will be sentenced to time served when he pleads guilty. The maximum penalty is 15 days in jail, though first-time offenders are rarely imprisoned. The judge could not be reached for comment after regular business hours. A spokeswoman for the Manhattan district attorney's office said prosecutors have not agreed to any plea deal. Stolar said he did not need prosecutors' approval because Harris is willing to plead guilty to the offense with which he is charged. The Brooklyn Bridge protest occurred at the height of the Occupy movement, which drew thousands of activists in New York and across the country angry at what they called an unfair economic system. Prosecutors filed a subpoena on Twitter seeking months of Harris' tweets before and after the march, claiming they could undermine his defense that police appeared to lead protesters onto the bridge's roadway before arresting them for obstructing traffic. The tweets are no longer available online. Both Harris and Twitter are challenging the subpoena in court. But Sciarrino rejected their arguments in separate rulings earlier this year. Twitter handed over the tweets in September after Sciarrino threatened it with civil contempt and hefty fines. Harris will also have the right to appeal the subpoena ruling once his criminal case is resolved, Stolar said. By pleading guilty, Harris likely would ensure that his tweets remain out of view, rather than becoming public as trial evidence. Stolar said Harris had some concern that the tweets could implicate other Occupy defendants. "This is a way to preserve his right to appeal (the Twitter issue), which is more significant than going to trial on disorderly conduct," Stolar said. The case addresses a broader legal question that courts have rarely, if ever, tried to answer: whether a Twitter user can fight a law enforcement request for their tweets. Sciarrino has said that only Twitter can mount a legal challenge, as it is the company, and not the user, that owns the content. That runs counter to Twitter's own stance, which holds that users have a proprietary interest in their own tweets. Several privacy advocates, including the American Civil Liberties Union, have filed an amicus brief in support of Twitter's appeal. The concern is that Sciarrino's holding could set a precedent putting the burden on social media companies to protect their users from criminal prosecution. In ruling against Twitter in June, Sciarrino said there could be no expectation of privacy for users when they publicly post messages on the Internet. (Editing by Tim Gaynor and Lisa Shumaker) 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. 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