The Occupy Wall Street protester whose Twitter account was subpoenaed by the Manhattan DA's office will plead guilty tomorrow to a disorderly conduct charge to prevent the public release of his Tweets. "Cat out of the bag. On the advice of counsel, I'll be pleading guilty to the top count of disorderly conduct," protester Malcolm Harris tweeted today. "It's not like the tweets have the map to my secret treasure or something, it's about the legal precedent," he added.

Harris was one of the hundreds of Occupy protesters arrested on the Brooklyn Bridge last fall. Twitter unsucessfully argued that the tweets belong to individual users. Judge Matthew Sciarrino ruled that Harris' tweets belong to Twitter, and that authorities do not have to obtain a warrant for the tweets because, the judge writes, tweeting is "just like if you scream it out the window, there is no reasonable expectation of privacy."

After Judge Sciarrino threatened to charge Twitter with being in contempt of court, Twitter turned the tweets over to authorities in September. Both Harris and Twitter could appeal the Twitter decision, something that Harris' attorney tells Reuters his client plans on doing: "This is a way to preserve his right to appeal (the Twitter issue), which is more significant than going to trial on disorderly conduct."

The NYCLU also filed a brief supporting Twitter's appeal. "This ruling is a problem for the right to privacy in this digital age where an increasing amount of our information is stored by third-party providers," NYCLU staff attorney Mariko Hirose said in August.