Government Increasingly Eyeing Dissent On Social Media

A subpoena by the New York City District Attorney’s office to Twitter should raise alarm bells for anyone who uses social media during demonstrations. According to the Electronic Frontier Foundation, the DA subpoenaed the social media site for “any and all user information, including email address, as well as any and all tweets posted for the period of 9/15/2011-12/31/2011” from user Malcolm Harris (h/t Common Dreams). Harris (@destructuremal), managing editor for the New Inquiry online magazine, was arrested with 700 other demonstrators on the Brooklyn Bridge on October 1, 2011. The arrested were charged with disorderly conduct, which carries a punishment of a $250 fine or up to 15 days in jail.

The District Attorney’s office is attempting to use Harris’ tweets to contradict his defense that demonstrators on the bridge did not hear police orders to vacate the area and had permission to march. Harris and his lawyers from the National Lawyers Guild argue the subpoena is an “unwarranted invasion of privacy.” The San Francisco Gate reports Assistant District Attorney Lee Langston disagrees, writing “he has no proprietary or privacy interest in tweets that he broadcast to every person with access to the Internet.”

The EFF acknowledges this partly, insofar as the government can simply scroll back through a public Twitter feed and get the information they desire. The subpoena however, covers much more than just the public tweets of Mr. Harris:

With this overbroad subpoena, the government would be able to learn about who Mr. Harris was communicating with for an extensive period of time not only through Tweets, but through direct messages. And with the government’s request for all email addresses associated with @destructuremal, they could subpoena Mr. Harris’ email provider to get even more information about who he communicated with.

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