Twitter has asked a New York state judge to throw out a subpoena that would require the social networking company to hand over messages posted by an Occupy Wall Street protestor accused of disorderly conduct.
The social networking site is looking to quash a New York state court order which required it to hand over the deleted message history of a New York-based activist.
Twitters' urging comes following a failed subpoena attempt by activist Malcolm Harris to block the court from viewing his Twitter feed.
"The order surprisingly holds that Mr Harris has no right to challenge the District Attorney’s subpoena for his own communications and account information on Twitter," said Twitters lawyers in a motion submitted to the New York state courts.
"The analysis, based on the assertion that Mr Harris has no proprietary interest in the content that he submits to Twitter, contradicts Twitter’s Terms of Service and the express language of the SCA."
Harris stands accused of purposefully disobeying a police order which called for New York protestors not to march across the Brooklyn Bridge.
The court believes that Harris's Twitter feed would prove that he knew of the police decree before he took part in the 700-strong protestor march last October.
Harris, @destructuremal, originally tried to block the subpoena himself, but was denied on a technicality that stated Twitter owned his tweets.
Twitter believes that assumption is incorrect and points to its terms of service as proof.
A company spokesperson told V3: "Twitter's Terms of Service make absolutely clear that its users own their content. Our filing with the court reaffirms our steadfast commitment to defending those rights for our users."
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