Twitter Hands Over Info After Judge Makes It Almost Impossible For It Not To
from the sad dept
Put in such a tough position, Twitter did what it had to do and handed over the info the government is seeking on Harris. The only concession the judge gave is that the information is filed under seal for one more week. Hopefully, Twitter can convince another court to stop this in this one short week and to allow a full appeal to be heard.
The EFF has a really good explanation for why both the DA's and the judge's actions in this case are potentially so dangerous:
If Judge Sciarrino is worried that Twitter is making a mountain out of a molehill by continuing to press its challenge to the subpoena, the same has to be asked of the prosecutors who are using a misdemeanor disorderly conduct arrest that occurred more than a year ago as a pretense to obtain a wealth of information. The attempt to obtain this information from Twitter is to prove a point not even really contested: whether Harris was on the bridge during the protest.There are a lot of important issues brought up by everything that's led up to this situation, and it's unfortunate that the judge seems to have decided to toss all of those concerns overboard with his contempt claims against Twitter. Hopefully a higher court puts a stop to this in the next week.
This case was shaping up to be a constitutional showdown on a contested and unclear area of the law. Judges much higher up the judicial chain have been wrestling with the complicated issues brought about by the explosion of information turned over to third parties. In her concurring opinion in United States v. Jones, Justice Sotomayor of the U.S. Supreme Court wrote that she "would not assume that all information voluntarily disclosed to some member of the public for a limited purpose is, for that reason alone, disentitled to Fourth Amendment protection." If a Supreme Court justice is thinking about the issues here, why would a state trial court force Twitter into a position where it has to abandon its court case seeking clarity or risk a massive fine in deciding to pursue its appeal? Some have already questioned whether Judge Sciarrino is the right judge to pass on this landmark case.