Twitter Must Produce Occupy Wall Street Protestor’s Data
By Sarah Jeong – Edited by Michael Hoven
People of the State of New York v. Malcolm Harris, Docket No. 2011NY080152 (N.Y. Crim. Ct. June 30, 2012)
Decision and Order (hosted by the ACLU)
The Criminal Court of the City of New York denied Twitter’s motion to quash a subpoena, thereby allowing discovery of defendant Malcolm Harris’s tweets and other non-content information collected by Twitter.
On January 26, 2012, the New York County District Attorney subpoenaed Twitter to produce user information and tweets posted from September 15, 2011 to December 31, 2011 from the Twitter account @destructuremal, belonging to Occupy Wall Street protestor Malcolm Harris. Harris filed a motion to quash the subpoena, which was denied by the court on April 20, 2012. Twitter then filed its own motion to quash the April 20 order. After the court’s most recent reply on June 30, Twitter must surrender the data in question. The court described its decision as granting the motion in part and denying it in part, but it only modified its April 20 order to the extent that a search warrant was required for data less than 180 days old—that is, only for anything posted on December 31, a single day out of the three-and-a-half month period specified by the District Attorney.