Feds Subpoena Twitter For Info On Wikileaks-Supporting Icelandic Politician
from the fishing-expedition dept
In the feds continued efforts to find something (anything!) to charge Wikileaks with, its latest fishing expedition apparently involves issuing a subpoena to Twitter asking for info on the account of Birgitta Jonsdottir, a Member of Iceland's Parliament, who had been instrumental in helping Wikileaks establish a strong free speech legal structure in Iceland. More recently, like many former Wikileaks' supporters, she has distanced herself from the operation, due to disagreements over Julian Assange's role in the organization. Apparently the subpoena is seeking everything she's done on Twitter since November 2009 (presumably including private direct messages). Given all the recent talk questioning whether or not private emails stored on third party servers are protected under the 4th Amendment, it does make you wonder if the same applies to private direct messages as well. Jonsdottir is apparently planning to fight the subpoena, so we may just find out...Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: birgitta jonsdottir, iceland, privacy, subpoena, wikileaks
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Twitter subpoena
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The fourth amendment doesn't say that Twitter can't be searched, just that it can't be searched without a court's authorization. Isn't that what a subpoena is?
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It's not firmly established whether or not your private data held on external servers is protected by the 4th Amendment - if it is, this would count as unlawful search. I'll leave it to those with more detailed legal knowledge to argue over whether it is, but it certainly seems like by the spirit of the 4th Amendment it would be.
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If the court authorized it then this makes no sense. (if) It's protected by the fourth amendment in that a court needs to authorize the release of the records. If the courts have authorized such a release then there is no violation of the fourth amendment. Who cares if the records are on Twitter or in within someones personal possession, the court authorized it regardless.
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Can the U.S. government destroy the trust that others around the world have on American companies and thus kill revenues generated?
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For the USA to go on a fishing expedition that involves criminal legal action against, and a subpoena is criminal legal action in this instance, another countries democratically elected lawmaker/parliamentarian who by the way would be covered under parliamentary privilege and diplomatic immunity if she was representing her constituents in these instances (that's gunna be a fun one for the Feds) can be classified as a lot more than a breach of protocol and diplomatic privilege, it can be construed as interfering in another countries (who is also a member of NATO) parliament by intimidation etc.
Wars have been fought for less
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I'd love to see an ice-based submarine just pop up and shoot out Liberty Island. :D
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The UK lost a war against Iceland in the 70's.
It's not nice when an Icelandic gunboat pops up and cuts your tackle off.
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Plus, anyone doing anything to piss off the USA and using a platform hosted in the USA is basically an idiot.
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Fourth Amendment may not apply
"non-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."
You can read the order for yourself at http://bit.ly/gyrdoH. Declan McCullaugh fm cnet does delve into the 4th Amendment issues in his piece here: http://bit.ly/h6weTE. But I believe someone on Twitter pointed the issue of the request not being content. Importantly, he also notes the fact that while one federal appeals court has ruled on the need for a search warrant (as opposed to the Order issued by a Magistrate), this decision is not binding in Virginia or San Francisco, where the legal jockeying action is likely to take place. Glenn Greenwald also has some worthwhile thoughts on the issue here: http://bit.ly/edyD2a.
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Did eye miss something?
Are there secret Tweets?
Couldn't they just look at her Twitter page?
OK, subpoena her HushMail account and you've got a story, but this strikes me as a kinda Big Tweet from the FED's.
Everybody notice Big Brother is checking your Tweets...
OTay, job done.
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Re: Did eye miss something?
IPs used to access those accounts also the IPs used to access the accounts that received messages from those accounts.
also all identities address by all the above mention accounts.
among other things http://www.guardian.co.uk/media/2011/jan/08/wikileaks-calls-google-facebook-us-subpoenas
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Re: Did eye miss something?
This story strikes me as just another psy-op program to remind people that Big Brother is really watching. Why the program? Because they can't really watch everyone and can barely watch those they want to watch.
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Re: Re: Did eye miss something?
She said she had no idea why her Twitter account was of interest.
"I hope they don't think I am so naive that I would be doing any sort of messaging through the Twitter board of any significance or (that would be) incriminating," she said.
"This shows how nervous the U.S. government is," she said. "I think this should be handled better. I have done nothing illegal."
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Subpoena
As far as I am concerned the likes of Sarah Palin and Joe Liebermann should be arrested if they ever set foot in Europe.
If the US thinks its laws can apply to what people do in Europe, then our laws can apply to what people do in the US.
Obama is a BIG disappointment, we thought this kind of crap would be over with the departure of Bush, but it's only getting worse! It's out of control.
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Re: Subpoena
You may double or triple that.
Some goon just shot up a bunch of people, a Federal Judge and such, and at least one pol who had been mapped and marked by non other than Sara Palin.
Clear incitement to murder under U.S. law. Should have been prosecuted before the shootings. You don't map locations and post face shots with an ex across them marking them for elimination and claim that is not incitement to murder.
But Obama won't tell Holder to prosecute her. What he will do is use it to justify a harsher crackdown on dissent and will seek to jail anyone who has had anything to do with WikiLeaks and Assange.
The deep economic crisis is now manifesting itself in an even,many fathoms deeper, social crisis.
Violations of the Fourth Amendment will be but the smallest piece of it. Forget asking a court for a subpoena or warrant.
Obama may well prove to be our own Hitler.
j.
bigjackjj@yahoo.com
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Re: Re: Subpoena
You are making connections where none exist, the same way the shooter did. That is actually pretty scary.
You are what is wrong with US politics.
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Another person
http://webwereld.nl/nieuws/105321/justitie-vordert-twitter-account-rop-gonggrijp---updat e-2.html
(sorry dutch article)
This is the US crossing boundaries and borders and actually looking into creating an international incident, only because it was caught with its pants down. Good old fashioned spite.
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and in response
HDTV hackable....as in the actual tv enjoy this madness.
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