Electronic Frontier Foundation
photo credit: dbking (from Wikimedia Commons)
When the news broke a few days ago that Twitter had successfully challenged a gag order in the federal government's investigation into the WikiLeaks case, it was a reminder that the Bay Area is on the front lines of the battle to protect our First Amendment rights in the digital age.
A federal grand jury in Virginia had subpoenaed user account data from Twitter about WikiLeaks founder Julian Assange, among others, as part of its probe into how that large trove of classified records recently became public.
Twitter has a company policy of informing users before complying with court orders such as this one, which is significant because that allows the user to exercise the legal right to challenge the subpoena in court, where it may get quashed for any number of reasons.
But since government investigators routinely request -- and get -- gag orders in these types of cases, Twitter was barred by law from telling Assange and the others involved in this particular case. So it fought back, and won what may prove to be an important legal precedent in the process.