Twitter “Tweets” can reveal a great deal of information about a person, including identification information, the location where the Tweet was made (often referred to as “geolocational” information), who was Tweeted and, of course, the contents of such Tweets. This information, depending on what is needed to be proved, no doubt, could be of assistance in a criminal or civil action.
Discussed below is the recent case of People v. Harris, where a criminal court, in the context of a disorderly conduct prosecution arising out of the Occupy Wall Street protests, was asked to address the complex issue of whether a criminal defendant and/or Twitter has standing, under either a constitutional analysis or the Stored Communications Act (SCA)1 to quash a subpoena issued without a warrant to a third-party online social networking service which sought to obtain defendant’s “user information” and the substance of his Tweets.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
