Manhattan Criminal Court Judge Matthew Sciarrino Jr. yesterday ordered Twitter to turn over the tweets of an Occupy Wall Street protestor for use against him in a criminal trial.
“The Constitution gives you the right to post, but as numerous people have learned, there are still consequences for your public posts,” wrote Judge Sciarrino. “What you give to the public belongs to the public. What you keep to yourself belongs only to you.”
The Manhattan District Attorney’s office has subpoenaed more than three months worth of tweets in its case against protestor Malcom Harris.
“Twitter had moved to quash the request from the Manhattan District Attorney’s office, arguing that like email, Twitter users have a reasonable expectation of privacy under the fourth amendment,” reports the Wall Street Journal. “The judge disagreed, saying ‘if you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy.’”
“We are disappointed in the judge’s decision and are considering our options,” Twitter spokeswoman Carolyn Penner explained via email. “Twitter’s Terms of Service have long made it absolutely clear that its users own their content. We continue to have a steadfast commitment to our users and their rights.”
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