An Occupy Wall Street protester seeking to challenge the release of his Twitter records is arguing that the storage of his information in an “e-storage locker” instead of his laptop or cellphone has not changed the fact that law enforcement “still has to get your consent or obtain the information via discovery.” Malcolm Harris’ Oct. 5 filing came in response to the Manhattan District Attorney’s motion to dismiss Harris’ Article 78 petition before Supreme Court Justice Carol Huff. Harris filed In the Matter of Harris v. Sciarrino, 103569/12, in an effort to overturn Criminal Court Judge Matthew Sciarrino’s finding that Harris lacked standing to quash a prosecution subpoena served on Twitter for Harris’ tweets and user information.
Harris argues that accepting the district attorney’s perspective on e-storage would result in “no meaningful constitutional constraints on law enforcement.” Harris is represented by Martin Stolar and Emily Bass.
