TITLE

The Place Where There is No Darkness: Privacy and Protest in the Age of Social Media

AUTHOR(S)
Carius, William
PUB. DATE
January 2014
SOURCE
New England Journal on Criminal & Civil Confinement;Winter2014, Vol. 40 Issue 1, p135
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
As social networks become increasingly intertwined with our daily lives, the question has arisen of what to do when those networks are in posses-sion of potentially incriminating or legally desirable information. This is most obvious in cases where social networks, such as Twitter, are subpoe-naed in relation to criminal offenses and asked to surrender the infor-mation in their possession, as was done in the case of Occupy Wall Street. Such issues are generally governed by the Stored Communications Act, which is a subsection of the Electronic Communications Privacy Act. The information obtained from Twitter is currently being used to prosecute ac-cused members of the Occupy Wall Street movement, and the practice will likely be put into further use going forward. This raises issues of privacy and unfair prosecution in relation to social media, and whether the federal and state governments may obtain the collective tweets of individual users, which often contain GPS information (which the Supreme Court and vari-ous courts in New York State have ruled requires a warrant). Twitter's sur-render of the collective GPS information of a user's Twitter account is analogous to allowing a GPS search without a warrant because the infor-mation would enable an investigating party to track a user's past movements.
ACCESSION #
95777397

 

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