Tweets in the Malcom Harris matter are Subject to Manhattan DA’s Subpoena

Criminal Court Judge Matthew Sciarrino Jr. held in People v. Harris, 2011NY080152 that Twitter Inc. must produce tweets and user information in Wall Street protester case.  The Judge reasoned that the defendant lacked standing, at the time, to quash the subpoena, as the defendant had “no proprietary interest” in his account’s user information.  “If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy,” said Judge Sciarrino.  On May 17, 2012, Twitter incorporated a newly added portion of terms was incorporated onto the site, which states “You Retain Your Right to Any Content You Submit, Post or Display on or Through the Service.”

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