Malcolm Harris v. Matthew A. Sciarrino, Criminal Court Judge

OWS Protester's Petition To Overturn Orders Requiring Twitter To Turn Over Tweets, Locational Data & Other Information


Malcolm Harris was one of 700 people arrested during a peaceful protest march in support of the Occupy Wall Street Movement. He was charged with one count of disorderly conduct for having blocked traffic. Allegedly in preparation for trial, the prosecutor served three subpoenas on Twitter Inc. for 3 1/2 months of information from Harris' social networking account. The D.A. sought two types of information: the contents of Petitioner's electronic communications (e.g., "tweets") and "location" information for the 3 1/2 month period.

Petitioner moved to quash the subpoenas as violative of the First and Fourth Amendments, the New York Constitution, the Criminal Procedure Law and common law. After the Court held that Petitioner lacked standing to object to the subpoenas because they had been served on Twitter, Twitter moved to quash. The Court then rejected Twitter's challenges and upheld the subpoenas under the Stored Communications Act, 18 U.S.C. 2701 et seq.

On August 20, 2012, Malcolm Harris commenced an Article 78 proceeding to overturn the Court's rulings. Twitter took a direct appeal yesterday.

I recommend reading all of the papers in these two related proceedings.

This is the Article 78 Petition filed by those representing the Occupy Wall Street protester. It raises and addresses significant constitutional, intellectual property privacy, statutory and common law issues.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Pleadings | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© emily bass, Bass Law Firm | Attorney Advertising

Written by:


Bass Law Firm on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.