2011-01-08 U.S. DOJ Twitter Subpoena Updates

Shortly after news of the subpoena issued to Twitter by the The U.S. Department of Justice emerged, an electronic copy of the subpoena surfaced and was, of course, circulated via Twitter. (A copy of the subpoena can be found here in pdf format.)

Birgitta Jónsdóttir, one of 63 members of Iceland's national parliament, said this afternoon that Twitter notified her of the order's existence and told her she has 10 days to oppose the request for information about her account since November 1, 2009. (Source)

Ms. Jónsdóttir remarked on Twitter: "USA government wants to know about all my tweets and more since november 1st 2009. Do they realize I am a member of parliament in Iceland?"

A Wikileaks tweet indicated that numerous others had also been named in the subpoena and a further update verified this fact:

"...the Subpoena ... seeks the same information for numerous other individuals currently or formerly associated with WikiLeaks, including Jacob Appelbaum, Rop Gongrijp, and Julian Assange. It also seeks the same information for Bradley Manning and for WikiLeaks' Twitter account." (Source)

The Subpoena was signed by a federal Magistrate Judge in the Eastern District of Virginia, Theresa Buchanan, and served on Twitter by the DOJ division for that district. It states that there is "reasonable ground to believe that the records or other information sought are relevant and material to an ongoing criminal investigation." It was issued on December 14 and ordered sealed -- i.e., kept secret from the targets of the Order. (Source)

It has been assumed, naturally, that Twitter is unlikely to be the only social networking or technology site to have been targetted. However, if Facebook or Google have also received subpoenas, they have, unlike Twitter, remained silent on the matter.

On January 5, the same judge ordered the subpoena unsealed at Twitter's request in order to inform the users of the Subpoena and give them 10 days to object; had Twitter not so requested, it could have turned over this information without the knowledge of its users. A copy of the unsealing order is here.(Source)

A further update has also been provided which states the following:

Four other points: first, the three named producers of the "Collateral Murder" video -- depicting and commenting on the U.S. Apache helicopter attack on journalists and civilians in Baghdad -- were Assange, Jónsdóttir, and Gongrijp. Since Gongrijp has had no connection to WikiLeaks for several months and Jónsdóttir's association has diminished substantially over time, it seems clear that they were selected due to their involvement in the release of that film. Second, the unsealing order does not name either Assange or Manning, which means either that Twitter did not request permission to notify them of the Subpoena or that they did request it but the court denied it. Finally, WikiLeaks and Assange intend to contest this Subpoena. (Source)

Update 2
The letter from Twitter to Rop Gonggrijp regarding the subpoena has been published. Mr. Gonggrijp notes that Twitter "does the right thing in wanting to inform their users when one of these comes in" and provides a copy of Twitter's order to unseal the subpoena. He adds:

I did get a second PDF with a January 5 order to unseal the subpoena so that twitter could tell me, which is quite possibly the result of some communication between twitter and the DOJ. Heaven knows how many places have received similar subpoenas and just quietly submitted all they had on me.(Source)

Previous Update: Peter Kemp's analysis

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