Federal Judge Won't Stay Subpoena for Wikileaks Users' Twitter Accounts
Birgitta Jonsdottir, Jacob Appelbaum and Rop Gonggrijp had asked the Court to stay the subpoena pending an appeals court challenge. A federal magistrate judge upheld the subpoenas in November.
The [Magistrate]Judge rejected the users' claims under the First Amendment and Fourth Amendment as well as their other arguments. She says there is no right of privacy in your IP address if you turn it over to a third party like Twitter. Wikileaks has said in the past it believes similar subpoenas went out to Google and Facebook.
The Government sought the subpoenas in connection with its grand jury investigation into Wikileaks. You can read the subpoena here. The judge that issued Wednesday's opinion said the three had little chance of prevailing in the appellate court. [More...]
There are a lot of excellent briefs filed in the case on the issue of the ordering Twitter to turn over the records under 18 U.S.C. 2703(d) (the Stored Records Communication Act) and on unsealing the documents and pleadings. If you'd like to read them, and have a PACER account, it's case number 1:11-dm-00003-TCB.
The Electronic Frontier Foundation (EFF) and the ACLU are also involved, representing Birgitta Jonsdottir, who is a member of the Icelandic Parliament. She reportedly "assisted with WikiLeaks' release of a classified U.S. military video."
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