A federal judge in the US ruled on Friday that Twitter must hand over to the government the personal account information of three users connected to WikiLeaks, rejecting their lawyers’ appeal that the First and Fourth Amendments protect such private online communication.
As part of an ongoing grand jury investigation into WikiLeaks, the Department of Justice originally demanded in sealed court documents the Twitter account details — including personal contact information and IP addresses — of Dutch businessman Rop Gonggrijp, U.S. activist Jacob Appelbaum and Birgitta Jonsdottir, a member of the Icelandic parliament. The government wanted Twitter to turn over the details without alerting the three that their information had been subpoenaed.
Twitter successfully fought that gag order in January. But, in trying to have the government’s request entirely thrown out, lawyers for the ACLU and Electronic Frontier Foundation failed to convince judge Theresa Buchanan that the Fourth Amendment right to privacy protects information like IP addresses — or that turning over such information would allow authorities to create a “map of association” of Twitter users that would have a chilling effect on the First Amendment right of free association.
“The Court finds no cognizable First Amendment violation here,” Buchanan wrote in her 20-page opinion. “Petitioners, who have already made their Twitter posts and associations publicly available, fail to explain how the Twitter Order has a chilling effect. The Twitter Order does not seek to control or direct the content of petitioners’ speech or association. Rather, it is a routine compelled disclosure of non-content information which petitioners voluntarily provided to Twitter pursuant to Twitter’s Privacy Policy.”