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

more+
less-

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.

Published In: Communications & Media Updates, Constitutional Law Updates, Intellectual Property Updates, Privacy Updates, Science, Computers & Technology Updates

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »