After a Manhattan judge denied Occupy Wall Street protester Malcolm Harris' motion to quash a subpoena for his (innocuous) tweets, Twitter has filed their own motion to quash the Manhattan DA's subpoena. "Twitter's Terms of Service make absolutely clear that its users own their content," the company's attorneys write. "Unlike bank records, the content that Twitter users create and submit to Twitter are clearly a form of electronic communication that, accordingly, implicates First Amendment protections."
Senior Staff Attorney for the ACLU Aden Fine opines:
This is a big deal. Law enforcement agencies—both the federal government and state and city entities—are becoming increasingly aggressive in their attempts to obtain information about what people are doing on the Internet. And while the individual Internet users can try to defend their rights in the rare circumstances in which they find out about the requests before their information is turned over, that may not be enough.
If Internet users cannot protect their own constitutional rights, the only hope is that Internet companies do so.
You can read Twitter's entire motion and the supporting documents below courtesy of Rankin & Taylor.