Re: subpoenas crossing state lines



On Sat, 31 Dec 2011 00:27:22 -0600, deadrat wrote:

richard <member@xxxxxxxxxxx> wrote:

On Fri, 30 Dec 2011 17:33:15 -0600, deadrat wrote:

richard <member@xxxxxxxxxxx> wrote:

Recently, the suffolk county Mass. DA wanted to subpoena twitter for
various records concerning a few users comments.
Since twitter is domiciled in california, can twitter tell the DA to shove
it up his ass?
Apparently, someone in suffolk county thinks it's a crime to badmouth
boston.

No, twitter will have to respond. It's not clear what the DA wants since
whoever produced the subpoena evidently has no idea what twitter is or how it
works. The DA's office actually got a judge to deny a motion to quash and to
issue a gag order. They're talking darkly about threats to police personnel.

Twitter's response: "Shove it up your ass!"

That's not Twitter's response, and they'd have to be nuts to respond that way.

if twitter failed to respond, what happens then? I mean I wasn't aware that
Md law was enforceable in Ca.

It's not that MA in this case (not MD) law is enforceable in CA. As far as I
can tell from the news reports, the Suffolk County DA intends to indict people
in MA for making threats. To do that, the DA thinks he needs documents from
twitter. His subpoena isn't any good in CA, so he'll convince a CA court that
twitter needs to produce the documents, and the CA court will hold a hearing to
determine whether a CA subpoena is in order.

I think legal stuff like this is so damned laughable because the highly
educated people don't understand how it works. Nobody, but nobody signs up
to a social network giving their full complete and proper information.
Does the network even care? Hell no.
Some only ask for a user name and password.
If they insist on an address, I give them my favorite.
1313 mockingbird lane Dallas Texas.
Which actually does exist and it is a law firm no less.
Phone number? Easily faked.
.



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