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2011-03-11 Denial of 'Twitter 3' Request to Throw Out Twitter Order Renews Government War on Internet Freedom, Whistleblowing

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ImageFederal Magistrate Judge Theresa C. Buchanan ruled the “Twitter 3,” who have become ensnared in a WikiLeaks investigation, cannot keep the US government from looking at their Twitter information and the information they would like to be public cannot be disclosed. With support from the ACLU and the Electronic Frontier Foundation, Jacob Appelbaum, Birgitta Jonsdottir, and Rop Gonggrijp, the three, will appeal the decision.

The “Twitter 3” sought to convince the court the Twitter Order violated First and Fourth Amendment rights. The Court found there was no First Amendment violation because the three had “already made their Twitter posts and associations publicly available.” The Court memo on the decision explains:

The Twitter Order does not seek to control or direct the content of petitioners’ speech or association. Rather, it is a routine compelled disclosure of non-content information which petitioners voluntarily provided to Twitter pursuant to Twitter’s Privacy Policy. Additionally, the Court’s §2703(d) analysis assured that the Twitter Order is reasonable in scope, and the government has a legitimate interest in the disclosures sought.

On the Fourth Amendment argument, the Court finds no “privacy interest” in protecting “IP addresses” and argued, “The Court is aware of no authority finding that an IP address shows location with precision, let alone provides insight into a home’s interior or a user’s movements.”

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