Tuesday, January 11, 2011

Do DoJ Subpoenas of WikiLeaks' Twitter Accounts Violate 1st, 4th, 5th and 14th Amendments?

From The BRAD BLOG:
Follow @WikiLeaks on Twitter? If so, the U.S. government wants your details, and is trying to get at it through an extraordinary legal procedure.

Last month, in covering the landmark appellate court decision, United States vs. Warshak [PDF], which invalidated provisions of the 1986 Stored Communications Act to the extent that the Act permitted the government, without a warrant, in violation of the Fourth Amendment right against unreasonable search and seizure without probable cause, to obtain electronic communications from an ISP (Internet Service Provider), we cautioned that it was unclear whether our courts would arrive at the same conclusion when the government invokes claims of 'national security' issues.

That question is about to be tested as the Eric Holder Department of Justice has obtained what Salon's Glenn Greenwald described as a 'sweeping' District Court order seeking --- in relation to WikiLeaks' Twitter account --- 'all mailing addresses and billing information known for the user, all connection records and session times, all IP addresses used to access Twitter, all known email accounts, as well as the 'means and source of payment,' including banking records and credit cards.' ...

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