Recent US decision confirms the fragility of Social Media & Internet Privacy Policy

In the US as a user of social network or online services like Twitter or Facebook you have now less right to expect privacy if the entity trying to get access to your personal information happens to be the U.S. Department of Justice.

A US District Court Judge in Alexandria, Virginia has upheld a magistrate’s decision of earlier this year allowing prosecutors to obtain information on the Twitter accounts of several current and former WikiLeaks associates. Such information was induicated to include records showing when they sent direct messages to one another, and the IP addresses from which they were sent. The ruling does not expose the content of the messages, nor information on other Twitter users who follow the accounts.

The US Justice Department has the power to seek Twitter records under 18 USC 2703(d), a 1994 amendment to the Stored Communications Act. An amendment that allows law enforcement access to non-content internet records, such as transaction information, without demonstrating the “probable cause” needed for a full-blown search warrant. An order under 2703(d) is issued when prosecutors provide a judge with “specific and articulable facts” – that is, facts showing the information sought is relevant and material to a criminal investigation – but the important thing to appreciate is that “people targeted in the records demand don’t themselves have to be suspected of criminal wrongdoing”.

In this case the targets/subjects of the demanded records were the WikiLeaks’ official Twitter account, and the accounts of several persons connected to the group.

The case is now likely to be argued on Appeal where among other issues there will be the contention that the demand for records breaches US constitutional right to free speech and association of those involved.

There seems little reason to believe similar would not, could not be the case here given the trans-border nature of the internet.

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Read the case here
More about the case here

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