U.S. gov't. wants Twitter to hand over protester's data without a warrant.
On October 1, 2011, over 700 Occupy Wall Street protesters were arrested on the Brooklyn Bridge. Most of the protesters, including Malcolm Harris, were charged with the mundane crime of disorderly conduct, a "violation" under New York law that has a maximum punishment of 15 days in jail or a $250 fine.
And yet on the basis of a charge no more consequential than a speeding ticket, the New York City District Attorney's office sent a poorly worded subpoena to Twitter requesting "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" regarding Mr. Harris' Twitter account, @destructuremal. Unsurprisingly, the government wanted to keep it quiet, but thankfully Twitter didn't listen. Instead, as it has consistently warned law enforcement, Twitter notified Mr. Harris, who through his lawyer, Martin Stolar of the National Lawyers Guild, has moved to challenge the subpoena in court.
The subpoena is astonishing not only for its poor grammar, but also for the breadth of information the government wants for a trivial crime that hardly requires it. The government's request that Twitter hand over Tweets is unlikely to succeed because consistent with the Stored Communications Act, Twitter releases "contents of communication" (effectively Tweets and private messages between Twitter users) only with a search warrant.
Since much of Mr. Harris' Twitter information (like Tweets and followers) is already public, it's very likely that the government was really after something else: location data. By attempting to subpoena these records, the government can get around the Fourth Amendment's prohibition against warrantless searches by requesting information that includes IP addresses. Twitter keeps track of IP address information regarding every time a person logged into Twitter, as well as the IP address information related to a Twitter user's direct messages to other users, and the date and time information related to these log ins and direct messages. Armed with IP addresses, the government -- without a warrant -- can go to an ISP to determine who was assigned that particular IP address. And if that person connected on a mobile device -- which is where the majority of Twitter users access their accounts -- the ISP will hand over to the government the specific cell tower (and its corresponding geographic location) which that person used to access Twitter. This allows the government to piece together a map of where a person physically is when he opens Twitter on his smartphone, sends a direct message to a friend, or Tweets.
https://www.eff.org/deeplinks/2012/02/malcolm-harris-occupy-wall-street-twitter-government-pressure