A head-scratching detail from the OWS Twitter subpoena: it came by fax.

A head-scratching detail from the OWS Twitter subpoena: it came by fax. And a hat tip to New York Guild attorney Martin Stolar.

http://www.theatlanticwire.com/national/2012/02/if-twitter-subpoena-comes-fax-did-it-really-happen/48175/

If a Twitter Subpoena Comes by Fax, Did It Really Happen?

2/2/12

Malcolm Harris, a 23-year-old writer and editor, was informed by Twitter early this week that his account had been subpoenaed by the office of Manhattan District Attorney Cy Vance. He's concerned about law enforcement's reach into the newfangled social platform and is seeking to quash the subpoena, calling out, among other things, the method by which it was delivered. The DA's office, apparently, sent it by fax, handwritten cover sheet and all. How new and old worlds collide!

Joan Vollero, Deputy Director of Communications for the Manhattan DA's office, did not shed light on exactly what prosecutors hope to learn from Harris's Twitter account data, explaining that Harris is "charged with disorderly conduct." The subpoena asks for "any and all user information, including email address, as well as any and all tweets posted for the period of 9/15/2011-12/31/2011" from Harris's account.

Harris said, upon being told that the Manhattan DA's office refused to comment on what they hoped to gain from his Twitter account, "Maybe the Manhattan DA's office would be more forthcoming answering questions about the proper procedure for filing an out-of-state subpoena, because I sure as hell would like to hear what they have to say on that one. Last time I checked, you couldn't serve people via fax."

New world (aka, digital) ways determinedly persisting, upon receiving the subpoena Twitter turned around and informed Harris of it by email, despite a direction on the subpoena asking them not to tell anyone about it. Harris then took to his Twitter account, @destructuremal, surprised and a bit freaked out, to announce that this had all happened.

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