subpoena(not?)
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Interview With Twitter CEO Dick Costolo | Peter Kafka | MediaMemo | AllThingsD
Twitter has crossed the threshold from Web novelty into something substantial. Now Dick Costolo’s job is to turn it into a business–one big enough to justify the sky-high valuation investors have given the messaging company. He’ll talk to Kara Swisher about the company’s efforts to sell advertising on the service, and if we’re lucky, he’ll give us a glimpse of his improv comedy roots, too. Don’t be shy, Dick!A subpoena pron.: / s ə ˈ p iː n ə / is a writ by a government agency, most often a court , that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena: subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. [ edit ] Etymology
Subpoena
DOJ subpoenas Twitter records of several WikiLeaks volunteers - WikiLeaks
Last day at Salon Glenn Greenwald Wednesday, Aug 15, 2012 9:30 PM UTC Politics The sham “terrorism expert” industry A highly ideological, jingoistic clique masquerades as objective scholars, all to justify US militarism
(pdf) subpoena
(updated below – Update II – Update III) Last night, Birgitta Jónsdóttir — a former WikiLeaks volunteer and current member of the Icelandic Parliament — announced (on Twitter ) that she had been notified by Twitter that the DOJ had served a Subpoena demanding information “about all my tweets and more since November 1st 2009.” Several news outlets, including The Guardian , wrote about Jónsdóttir’s announcement.Iceland Review Online: Daily News from Iceland, Current Affairs, Business, Politics, Sports, Culture
Government-created climate of fear - Glenn Greenwald
One of the more eye-opening events for me of 2010 occurred in March, when I first wrote about WikiLeaks and the war the Pentagon was waging on it (as evidenced by its classified 2008 report branding the website an enemy and planning how to destroy it ). At the time, few had heard of the group — it was before it had released the video of the Apache helicopter attack — but I nonetheless believed it could perform vitally important functions and thus encouraged readers to donate to it and otherwise support it. In response, there were numerous people — via email, comments, and other means — who expressed a serious fear of doing so: they were worried that donating money to a group so disliked by the government would cause them to be placed on various lists or, worse, incur criminal liability for materially supporting a Terrorist organization. At the time, I dismissed those concerns as both ill-founded and even slightly paranoid.
U.S. prosecutors’ demand that the microblogging service Twitter Inc. hand over data about users with ties to WikiLeaks amounts to harassment, said a lawyer for Julian Assange, the website’s founder. The Justice Department subpoena, approved last month in federal court and later unsealed, also violates the U.S. Constitution ’s Fourth Amendment, which prohibits unreasonable government searches, Assange’s lawyer Mark Stephens said today in a telephone interview in London . WikiLeaks is an organization that publishes leaked documents on its website.
U.S. Twitter Subpoena Is Harassment, Lawyer Says
The Fourth Amendment ( Amendment IV ) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures , along with requiring any warrant to be judicially sanctioned and supported by probable cause . It was adopted as a response to the abuse of the writ of assistance , which is a type of general search warrant , in the American Revolution . Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court , usually by a law enforcement officer , who has sworn by it . The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment . Text
Fourth Amendment to the United States Constitution
In United States criminal law , probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution : The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause , supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized . "Probable" in this case may relate to actual statistical probability, or to a general standard of common behavior and customs.
Probable cause
not subpoena slight paranoia: Thoughts on the DOJ wikileaks/twitter court order
The world's media has jumped on the news that the US Department of Justice has sought, and obtained a court order seeking to compel Twitter to reveal account information associated with several of its users who are associated with Wikileaks. Communications privacy law is exceedingly complex, and unfortunately, none of the legal experts who actually specialize in this area (people like Orin Kerr , Paul Ohm , Jennifer Granick and Kevin Bankston ) have yet to chime in with their thoughts. As such, many commentators and journalists are completely botching their analysis of this interesting event. While I'm not a lawyer, the topic of government requests to Internet companies is the focus of my dissertation, so I'm going to try to provide a bit of useful analysis. However, as always, I'm not a lawyer, so take this with a grain of salt. A quick introduction to the lawAlexander Macgillivray
This is a Berkman alum page. The information may be out of date. Alexander Macgillivray is Twitter's General Counsel and also leads its Corporate Communication, Public Policy and Trust & Safety efforts. Prior to Twitter, Mr. Macgillivray was Deputy General Counsel for Products and IP at Google and a litigator with Wilson Sonsini Goodrich & Rosati. He received his J.D. from Harvard Law School and is an affiliate at Harvard’s Berkman Center for Internet and Society.
Foreign Intelligence Surveillance Act
The Foreign Intelligence Surveillance Act of 1978 (" FISA " Pub.L. 95–511, 92 Stat. 1783, 50 U.S.C. ch.36 ) is a United States law which prescribes procedures for the physical and electronic surveillance and collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" (which may include American citizens and permanent residents suspected of espionage or terrorism). [ 1 ] The law does not apply outside the United States. The law has been repeatedly amended since the September 11 attacks . [ edit ] Subsequent amendmentsUS tells Twitter to hand over WikiLeaks supporter's messages | Media
Birgitta Jonsdottir, the Icelandic MP and former WikiLeaks volunteer, who is now fighting a US justice department attempt to get hold of her private messages on Twitter Photograph: Halldor Kolbeins/AFP/Getty Images A member of parliament in Iceland who is also a former WikiLeaks volunteer says the US justice department has ordered Twitter to hand over her private messages. Birgitta Jonsdottir, an MP for the Movement in Iceland, said last night on Twitter that the "USA government wants to know about all my tweets and more since november 1st 2009. Do they realize I am a member of parliament in Iceland?" She said she was starting a legal fight to stop the US getting hold of her messages, after being told by Twitter that a subpoena had been issued. She wrote: "department of justice are requesting twitter to provide the info – I got 10 days to stop it via legal process before twitter hands it over."Birgitta Jonsdottir - Iceland MP and former WikiLeaks collaborator. The US Justice Department is seeking access to her Twitter account as it tries to build a criminal case against WikiLeaks Photograph: Halldor Kolbeins/AFP/Getty Images The American ambassador to Iceland has been summoned to explain why US officials are trying to access the Twitter account of an Icelandic MP and former WikiLeaks collaborator. Birgitta Jónsdóttir, an MP for the Movement in Iceland, revealed last week that the US justice department had asked Twitter to hand over her information. The US authorities are trying to build a criminal case against the website after its huge leaks of classified US information.
Iceland summons US envoy over demand for MP's Twitter details | World news
8 January 2011 Last updated at 13:09 ET Wikileaks founder Julian Assange is currently fighting extradition from the UK to Sweden The US government has subpoenaed the social networking site Twitter for personal details of people connected to Wikileaks, court documents show. The US District Court in Virginia said it wanted information including user names, addresses, connection records, telephone numbers and payment details.
US wants Twitter details of Wikileaks activists
Birgitta Jonsdottir: Says the U.S. justice department has asked for her private Twitter messages to be handed over. Icelandic lawmaker says the Justice Department has demanded information Birgitta Jonsdottir says Twitter informed her of the subpoena on Friday The court demanded Twitter provide private information, she says WikiLeaks has been publishing confidential U.S. government documents (CNN) -- U.S. officials have subpoenaed information on the social media website Twitter about Julian Assange and several other prominent supporters of WikiLeaks, an Icelandic lawmaker named in documents said Saturday.