Malcolm Harris has lost a petition to keep his Twitter account records from being used by prosecutors who allege his disorderly conduct during the October 2011 OWS march on Brooklyn Bridge.
From Reuters:
Harris challenged a subpoena that the Manhattan District Attorney's office served on Twitter in January, seeking more than three months' worth of his tweets from last fall.
Criminal Court Judge Matthew Sciarrino Jr., who is overseeing a special courtroom dedicated to handling nearly 2,000 Occupy-related cases, ruled against Harris, saying he did not have standing to challenge the subpoena.
The judge compared Harris to a bank account holder who by law cannot challenge a subpoena of his records served on his bank.
"Twitter's license to use the defendant's Tweets means that the Tweets the defendant posted were not his," the judge wrote in a decision filed Friday.
From The Atlantic Wire:
But Martin Stolar, the attorney representing Harris, told The Atlantic Wire on Monday that he would move to re-argue the decision, saying Sciarrino had mixed up his metaphors. "There’s a whole other recent series of decisions from Supreme Court and New York State, about whether or not using a GPS device to track someone uses a warrant. People’s locations while on the street are generally public, like tweets are, but it’s the accumulation of all that information, like someone’s whereabouts, that the courts have said a subpoena is necessary ... I think that's more analogous to tweets than the bank records are."
See also:
CNN: OWS protestor doesn't own his tweets
and
TG Daily: All your Tweets are Belong to Us