Govt. Entitled to Twitter Records in WikiLeaks Probe, Federal Judge Rules

Image by Sean MacEntee via FlickrUnited States District Court for the Eastern District of Virginia Judge Liam O'Grady, in a three-page Memorandum and Opinion in In Re Application of the United States of America for an Order Pursuant to 18 U.S.C. sec. 2703(d) [Case No. 1:11-dm-00003-TCB], this week denied a request by Birgitta Jonsdottir, Jacob Appelbaum and Rop Gonggrijp to shield their Twitter account information from authorities seeking to prosecute WikiLeaks.

As reported by Wired, Twitter was served with a subpoena by the feds in December 2010, pertaining to a Grand Jury inquiry into possible criminal charges against WikiLeaks. The government wants information regarding the above-named individuals' accounts under the 1994 Stored Communications Act, 18 U.S.C. sec. 2703(d), which governs access by law enforcement officials to Internet data, such as transaction information, but not online content. Specifically, the order wants information about the trio's Twitter accounts, including addresses and phone numbers, account payment information (if any), IP addresses, data transfer records and connection records.

The ACLU and the Electronic Frontier Foundation contend the Twitter order violates the trio's First Amendment rights. In March 2011, U.S. District Court Judge Theresa Buchanan ruled the three lacked legal standing to challenge the records request because the government was not attempting to access actual Twitter content. Prosecutors argued that the Grand Jury probe was being stalled by the delay in obtaining the Twitter account information.

Judge O'Grady denied the petitioners' request because they failed to make a "strong showing" of success on appeal. "A stay is not a matter of right, even if irreparable injury might result," Judge O'Grady wrote.

Iceland Goal: 'Fantasy Island' for Journalists?

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Agence France Presse reports that Iceland's parliament in June unanimously approved the Icelandic Modern Media Initiative ("IMMI")[http://www.immi.is], a freedom of information bill that the European island nation envisions will create the world's strongest shield to protect journalists and whistleblowers.


WikiLeaks founder Julian Assange is one of IMMI's biggest boosters. Iceland parliament member Birgitta Jonsdottir hopes the IMMI protection afforded investigative reporters and their confidential sources will turn Iceland into a "transparency haven" that will attract journalists to Iceland, much as countries that are tax havens draw wealthy citizens.  Jonsdottir, a self-proclaimed "anarchist" (though "TUOL" bets a krona she observes state holidays), said IMMI is a response in part to previous censorship in August 2009, when public broadcaster RUV was enjoined from airing a report on one of Iceland's largest banks that went bust a year later, helping to push the country to the brink of bankruptcy.

IMMI is expected to take effect in about a year and a half, as its enactment requires changing about 13 laws currently in force.  "TUOL" doubts that journalists will be lured to the North Atlantic Ocean kingdom, particularly if it will require them to learn how to spell Reykjavik, Raykjovic, Rakervic, never mind.