Erin Herlihy

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As the Occupy Wall Street protests fade from memory, a related discovery battle between Twitter and the New York County District Attorney rages on. Earlier this year, we discussed the District Attorney’s efforts to subpoena user information and tweets of criminal defendant Malcolm Harris, an Occupy Wall Street protester charged with disorderly conduct for allegedly occupying the roadway of the Brooklyn Bridge.  In a setback for Twitter, the Criminal Court of the City of New…
In past Socially Aware posts, we have discussed using subpoenas in civil litigation to obtain evidence from social media sites, including whether individuals have a privacy interest in this information and how the Stored Communications Act may limit the use of subpoenas in civil cases.  Until now, we have not discussed these issues in the context of a criminal case.  Does the prosecutor have to get a search warrant to obtain information about someone’s social…