Twitter #fail. Rather than pay some hefty fines the social media network has caved and handed over about three months’ worth of tweets to a judge overseeing the criminal trial of an Occupy Wall Street protester.

Specifically, Twitter handed over the tweets of OWS protester Malcolm Harris, tweets which the company had previously argued belonged to Harris and not Twitter. However that argument was tossed by Judge Matthew Sciarrino who said tweets were "just like if you scream it out the window, there is no reasonable expectation of privacy."

"We are disappointed that Twitter is essentially giving up the fight," Harris’ attorney Martin Stolar said after the court hearing this morning. Harris, who's trial begins in December, is being charged with disregarding police orders during an October 1, 2011 protest on the Brooklyn Bridge. At issue is the fact that Twitter collects (and is now sharing) GPS data and information regarding how long Harris was on the service, which Harris's lawyers have said represent a warrantless search.

On the plus side? At least Sciarrino has said he will review all the material Twitter turns over and will only provide "relevant portions" to prosecutors.