News, politics, commentary, and cultural reporting with a New York perspective.
Thursday, March 7, 2013
FBI ''secretly spying'' on Google users
Sunday, September 25, 2011
Women Pepper-Sprayed by NYPD
Peaceful Female Protesters Penned on the Sidewalk and Pepper-sprayed by the NYPD in a Show of Excessive Force.
Is City Council Speaker Christine Quinn going to denounce the NYPD for their use of excessive force against unarmed women ?
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 ?
WikiLeaks Twitter Subpoena Scandal
UPDATE : The Guardian newspaper : WikiLeaks Demands That Google And Facebook Unseal U.S. Subpoenas
WikiLeaks' demand followed news that was reported that a court in Virginia had issued a secret order to Twitter to produce personal information belonging to accounts of five individuals associated with WikiLeaks.
All of the secret court orders are providing ''strong evidence'' that the U.S. government has empaneled a grand jury to begin a broad, large-scale data mining operation that seeks to collect surveillance in a retaliatory act against WikiLeaks. In late November, WikiLeaks began a coördinated reporting collaboration with several respected journalism outlets, including The New York Times, to publish thousands of United States embassy cables.
In A Clear First Amendment Violation, The U.S. Government Has Issued A Judicial Order To Twitter In An Effort To Collect Information About WikiLeaks And Its Supporters.
Officials from the United States Department of Justice have applied for, and received, a judicial order that has been issued to the social media website, Twitter, in an effort to collect information about political dissidents. In some countries, activists are under constant harassment from their governments.
In growing numbers of mainstream media reports, the news has been reporting that the U.S. government has served Twitter with what are being described as ''subpoenas'' for the private messages, contact information, and other personal forms of information belonging to Julian Assange, who is the spokesperson and editor in chief for WikiLeaks. Other targets of the subpoenas include Pfc. Bradley Manning, who is a U.S. Army intelligence analyst, and Birgitta Jonsdottir, who is a member of parliament in Iceland. Ms. Jonsdottir was also a former WikiLeaks volunteer. Also mentioned in the judicial order are other individuals currently or formerly associated with WikiLeaks, including Jacob Appelbaum and Rop Gonggrijp.
According to Salon.com, the information demanded by the WikiLeaks subpoenas issued by the U.S. Department of Justice is ''sweeping in scope.'' Salon.com has posted online the Department of Justice order for the Twitter information.