Previous Update
The issued subpoena ordered Twitter to provide information regarding any account either registered to or in any way associated with the following individuals or user names:
The information to be supplied, however, pertains to both the sources and destinations of these accounts. This is to include
records of user activity for any connections made to or from the Account, including the date, time, length, and method of connections, data transfer volume, user name, and source and destination Internet Protocol address(es).
[N]on-content information associated with the contents of any communication or file stored by or for the account(s), such as the source and destination email addresses and IP addresses. (Source; original pdf subpoena)
Note that the requirement of turning over user names and "destination IP addresses" would range over any electronic device (like a phone or computer) receiving communications from the above named individuals. (To see the information revealed by your IP address, click here. )
As other sources have pointed out, the order implicates more than just the above named users and user accounts. The language seems to implicate every Twitter follower of each of the named accounts, which explains Wikileaks' announcement that "all 637,000 @wikileaks followers are a target".
In examining the language of the subpoena, this seems like a real possibility. "Communication" would seem to encompass the receipt of any tweet on Twitter, given that data transmission is involved. Hence the language is inclusive of any individual following the primary targets who receives Wikileaks tweets on their Twitter timeline, for instance. The same is true of any Twitter user receiving tweets from ioerror, rop_g, and so on.
Yet if we grant that all followers will be implicated by virtue of having received tweet data from the 7 primary targets, it seems the present language is also inclusive of anyone who has clicked on a link directing them to a tweet from any of the above accounts. If you did view one of these tweets at some point on or after November 1, 2009 (the cut-off date in stipulated in the subpoena) but were not signed in to Twitter, then even if you are not a registered user, it seems you too qualify as a "connection made to or from" the accounts. There is no stipulation that 'connections' must be from users who are following Wikileaks et al., or even that they must be from users who are signed in. If Twitter logs visitors, and it certainly does, then visitor data will be in these logs irrespective of whether they have a Twitter account.
How significant is this and what information about you will be visible if you fall under the range of affected parties? To get an idea, note that Twitter stores (or "may" store) the following data, according to the following excerpt from its privacy policy.
While the data logged by Twitter are managed by Twitter, and while keeping your information private is a significant priority for any such large company hoping to stay in business, presumably, the same cannot be said of U.S. government entities. Even if there is no concern over how your data will be used by those entities, the likelihood that your information will remain private decreases significantly with every additional party possessing access to it.
Yet concern over the manner in which your information can be used may be legitimate. In tracking paths to and from Twitter, logs exist that document internet browsing tendencies, sites visited, timestamps, host name, search terms used and more. All this information can be easily accessed from any user not browsing through an anonymity tool like Tor and you don't need to be logged in to a site in order to disclose your data.
Although anyone can get this information from you when you visit their site, the concern here is over the manner in which the data will be used. Insofar as your information exists in the database that brought us the Terror Watch List, and insofar as you have been suspected of being the ally of a "high tech terrorist", trivial data have the potential of becoming legally relevant. And if the language of the court order is inclusive of all individuals ever having accessed a tweet from any of the targeted accounts (since 2009), then the number of people affected by the subpoena is much larger than the previous estimate of 600,000 Wikileaks followers.
Update: Open letter to Twitter and DOJ from Anonymous (anonymous.ru)
The official Wikileaks Twitter account has just tweeted the following official statement:
WARNING all 637,000 @wikileaks followers are a target of US gov subpoena against Twitter, under section 2. B http://is.gd/koZIA(Source)
Tweeters expressed outrage at the prospect of relinquishing their right to deny the U.S. government access to their IP addresses, banking details, connection records, email addresses or other private information. Talk of a class action law suit is already under way and a #ClassActionWL thread has been initiated. In most cases, anonymous Tweets are not considered official sources, but it seems an exception must be made in the present case, given that users are the very parties involved.
Users unfollowing the Wikileaks Twitter account at this time will not be exempt from the order, which seems to apply to users having received Wikileaks tweets in the past:
Too late to unfollow; trick used is to demand the lists, dates and IPs of all who received our twitter messages. (Source)
Update: Iceland blasts US demands for lawmaker's details in Wikileaks probe.
As reported today by the German news organization Deutsche Welle, the Icelandic government is taking the DOJ's request for personal information of one of their Parliament members seriously.
Icelandic politicians have blasted US demands for Twitter to hand over a member of parliament's account details. Birgitta Jonsdottir faces investigation as one of several people connected to the website WikiLeaks.
Icelandic Foreign Minister Oessur Skarphedinsson said it was not acceptable that US authorities had demanded the information.
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)
The US Department of Justice has issued a subpoena on Twitter for material related to Birgitta Jónsdóttir, including her personal details and, it can be assumed, all her private direct messages.
Ms Jónsdóttir twittered thus:
department of justice are requesting twitter to provide the info - i got 10 days to stop it via legal process before twitter hands it over.
While this is not in any way confirmed, it appears that while the subpoena is from the DOJ it may actually emanate from the Grand Jury so far held in secret (but often mentioned or alluded to in the mainstream media) to examine whether or not Wikileaks people in general and Julian Assange in particular can be charged with an offence.
Subpoenae are a normal part of a criminal justice system and ordinarily there are restrictions against abuse, for both prosecution and defence.
The normal common law test for subponae is the "legitimate forensic purpose" test. Arguable for and against (with respective case law in mind in whatever jurisdiction one happens to be in), the test is for the purpose of eliminating or significantly reducing "fishing expeditions: to reduce waste of a court's time and to eliminate the speculative and wide subpoena that would require truckloads of documents to satisfy it.
(Part one of this series is available here. Please also see WikiLeaks v. United States: The Pentagon Papers redux?)
Today, Jennifer Robinson, one of the lawyers for Julian Assange, told The Guardian that the US government may be about to press charges against Julian Assange under the Espionage Act. She said that the legal team had heard from "several different US lawyers rumours that an indictment was on its way or had happened already, but we don't know". Ms Robinson told ABC News that "Our position of course is that we don't believe it (the Espionage Act) applies to Mr. Assange and that in any event he's entitled to First Amendment protection as publisher of Wikileaks and any prosecution under the Espionage Act would in my view be unconstitutional and puts at risk all media organizations in the U.S."
Rumours about the possibility of Julian Assange having been indicted by a grand jury, whose proceedings are secret, have been circulating for a while. The Christian Science Monitor had a few days ago quoted Stephen Vladeck, an expert in national security law at American University, who said that an empaneled grand jury could have already been considering the case. "We wouldn’t know what they’re doing until the whole thing is concluded," he said. The Monitor also quoted CNN legal expert Jeffrey Toobin, who said "I would not be at all surprised if there was a sealed arrest warrant currently in existence."
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