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Who Can Get Your Tweets, and Can You Object?
Your posts in Twitter can reveal a lot of information about the person identity. It could be used even in the criminal justice. The recent case was related to the situation in which Twitter has been subpoenaed and the defendant has decided to quash the subpoena. Unfortunately for the defendant, the court decided to use the information from his tweet account. The court also declared that all information has to be provided to the camera inspection. After reading the defendant’s tweet content, the court expressed the opinion about the Tweeter. It described it as an informational space where each member could have the profile and update it with any information. The court noted that Twitter collects personal information about users like physical location, IP address, mobile phone, etc. It concluded that Twitter is a significant tool for the global communication.
In this case, Twitter would like to be the third-party recipient by means of moving to quash these subpoenas in order to protect its users’ rights by itself. The Twitter was obliged as the third-party to provide a data to the court as it would not take a lot of efforts to search the particular information. It stated that the Fourth Amendment does not protect the information of the third party and the tweet is not like e-mail. Thus, the users should not consider tweets as private information. It is the public communication. The requested information is relevant to the court case and has to be provided by Twitter. The arguments of the court were that the media legislation is only on the way of its development and the court has the right to take those materials in order to protect the legislation system and human rights that were built on its basis. The court had to choose between importance of this rules and understanding the concept of social media. People have right to post, but they should be responsible for their words that they gave to the public.
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So, it is important for the provider of the electronic communication services and for the client to examine whether they have stood the same object. Then determine about the third party if it is a private individual, entity or the government. And also, it has to be determined whether an argument that can be made is confidential or private. The choice of Google was to leave the protection process to those who were interested in it. In the case with the Twitter, the court noted that the person who used Twitter in his personal needs had to agree with the conditions of the service, including its Privacy Policy. Each time when the person post tweets mean that the defendant is granting the license for the Twitter service to use.
It was cited by the court that public tweets could be found in the Internet through the search engines. So, any information that is posted by the users of Twitter could be use for any reason. The court made the decision to disclose the content of the defendant’s tweets.