US Department of Justice

2011-03-11 Denial of 'Twitter 3' Request to Throw Out Twitter Order Renews Government War on Internet Freedom, Whistleblowing

ImageFederal Magistrate Judge Theresa C. Buchanan ruled the “Twitter 3,” who have become ensnared in a WikiLeaks investigation, cannot keep the US government from looking at their Twitter information and the information they would like to be public cannot be disclosed. With support from the ACLU and the Electronic Frontier Foundation, Jacob Appelbaum, Birgitta Jonsdottir, and Rop Gonggrijp, the three, will appeal the decision.

The “Twitter 3” sought to convince the court the Twitter Order violated First and Fourth Amendment rights. The Court found there was no First Amendment violation because the three had “already made their Twitter posts and associations publicly available.” The Court memo on the decision explains:

The Twitter Order does not seek to control or direct the content of petitioners’ speech or association. Rather, it is a routine compelled disclosure of non-content information which petitioners voluntarily provided to Twitter pursuant to Twitter’s Privacy Policy. Additionally, the Court’s §2703(d) analysis assured that the Twitter Order is reasonable in scope, and the government has a legitimate interest in the disclosures sought.

On the Fourth Amendment argument, the Court finds no “privacy interest” in protecting “IP addresses” and argued, “The Court is aware of no authority finding that an IP address shows location with precision, let alone provides insight into a home’s interior or a user’s movements.”

2011-01-09 U.S. DOJ access to information on Twitter followers

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.

Complete coverage from DW

Update: 2011-01-09: Another consequence of the DOJ subpoena

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