Showing posts with label international law. Show all posts
Showing posts with label international law. Show all posts

Saturday, January 8, 2011

WikiLeaks Twitter Subpoena Denies Subscribers Their Right To Due Process

The First item listed in the secret Order signed by the United States District Court for the Eastern District of Virginia demands that Twitter turn over ''subscriber names'' of the five individuals associated with WikiLeaks.

On Saturday night, the WikiLeaks Twitter feed included this ominous message : ''Too late to unfollow; trick used is to demand the lists, dates and IPs of all who received our twitter messages.''

Not only have U.S. Justice Department prosecutors cast the data mining aspect of their court order on Twitter to include foreigners, but now prosecutors are trying to ensnare mere subscribers (or, in Twitter jargon, ''followers'') of the five individuals associated with WikiLeaks.

Whereas, the three foreigners, who are targets of the prosecutors' surveillance, have the option to object to the court order served on Twitter, the fact that followers have no say in fighting the reasonableness of the U.S. government's court order call into question the true scope of the legal witch hunt.

Since there appears to be a weak legal underpinning to the court orders, then, more and more, the investigations by U.S. prosecutors appear to be mere acts of retaliation against foreign political dissidents and WikiLeaks.

And caught in the middle are the followers on Twitter. If the followers are foreigners, then a U.S. court may have no jurisdiction over the free speech activities of those foreigners. And if the followers are Americans, then the Americans should be given due process, namely, an opportunity to challenge the court order. Except for harassment or retaliation, what is the purpose for the U.S. government to know who are the Twitter followers ? Certainly, there is no legal reasoning for the U.S. government to know who are the Twitter followers.

WikiLeaks Twitter Subpoena Targets Foreigners

A U.S. Court in Virginia issues Order for Production of Information that Ensnares Citizens of Australia, Iceland, and The Netherlands.

The issuance of a court order to Twitter confirms that prosecutors working for the United States Department of Justice are investigating WikiLeaks over the publications of thousands of classified U.S. embassy cables.

The court order specifically names three foreigners. It is unknown if a domestic U.S. court may extend its jurisdiction to cover the internet accounts of foreigners.

According to an analysis published by The New York Times on the subject of the application or validity of the U.S. court order on foreign individuals, Justice Department prosecutors might be violating the right of free speech of the foreign individuals. The three foreign individuals, who are the target of the Twitter court order, are : Julian Assange, the spokesperson and editor-in-chief for WikiLeaks; Birgitta Jonsdottir, a former WikiLeaks activist who is also a member of Iceland’s Parliament; and Rop Gonggrijp, a computer programmer.

''This raised the possibility of a diplomatic quarrel between the United States and allied nations whose citizens were among those covered by the subpoena. They could argue that American laws were being used to stifle free communications between individuals who were not American citizens, and who were not in the United States at the time of the messages.''

It is unclear whether court orders pursued by Justice Department prosecutors in their retaliatory persecution of WikiLeaks can apply U.S. law to foreigners. Indeed, according to The Times, in the case of Ms. Jonsdottir, ''Iceland’s foreign minister ... has requested a meeting with the American ambassador to Iceland to ask, among other things, whether a grand jury inquiry prompted the subpoena.''

If the legal underpinning of the court orders can be called into question, then do the investigations by U.S. prosecutors constitute acts of retaliation against foreign political dissidents and WikiLeaks ?