The end of Twitter’s age of innocence

An English council’s successful attempt to subpoena Twitter users’ account information in US courts

Well, it turns out the law applies to Twitter, too. A Californian court has ordered Twitter to hand over the details of five Twitter accounts as part of an English council's investigation into a local whistleblowing blogger called "Mr Monkey".

That South Tyneside Council went directly to the Californian court was the Times's top line. Seeing as Twitter is a US company, this is hardly surprising, particularly when the website's terms of service are taken into account. Under the heading "Controlling Law and Jurisdiction", it says:

All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. [Emphasis added]

In other words, if a person or organisation wants to subpoena information about a Twitter user, they have to do so in California – and the user has to fight against it in California. While footballers and councils can afford to launch such proceedings – South Tyneside has so far spent "less than £75,000" in its attempts to unmask Mr Monkey – many Twitter users will not be able to afford to defend them.

Although the story broke yesterday in the Sunday Telegraph, it has been rumbling on for months. Mr Monkey published the following email exchange, between South Tyneside and the solicitor investigating Mr Monkey on the council's behalf (click to enlarge for both).

Email exchange

Continued:

Email exchange

South Tyneside's success could prove extremely significant. Ryan Giggs's lawyers were unsuccessful in their recent attempt to force Twitter to hand over details of accounts that speculated whether the Manchester United footballer had taken out an injunction.

Lawyers for Giggs went through the high court in the UK; if they were to try through California's lawcourts, however, they would stand a much better chance, as it is these courts that actually have jurisdiction over Twitter.

Throughout the 2000s, London gained the nickname of a "town called Sue" in legal circles, after it became an extremely popular destination for libel tourism. The advent of Twitter, however, has twisted this upside down. The case of Mr Monkey could trigger a flood of libel traffic in the opposite direction, across the Atlantic.

In any case, Twitter's age of innocence is over. Anonymity is not guaranteed and users are neither immune to libel nor impervious to injunctions. Unless you can afford a good lawyer and a few return trips to San Francisco, be wary. Mind your tweets.

Ukip's Nigel Farage and Paul Nuttall. Photo: Getty
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Is the general election 2017 the end of Ukip?

Ukip led the way to Brexit, but now the party is on less than 10 per cent in the polls. 

Ukip could be finished. Ukip has only ever had two MPs, but it held an outside influence on politics: without it, we’d probably never have had the EU referendum. But Brexit has turned Ukip into a single-issue party without an issue. Ukip’s sole remaining MP, Douglas Carswell, left the party in March 2017, and told Sky News’ Adam Boulton that there was “no point” to the party anymore. 

Not everyone in Ukip has given up, though: Nigel Farage told Peston on Sunday that Ukip “will survive”, and current leader Paul Nuttall will be contesting a seat this year. But Ukip is standing in fewer constituencies than last time thanks to a shortage of both money and people. Who benefits if Ukip is finished? It’s likely to be the Tories. 

Is Ukip finished? 

What are Ukip's poll ratings?

Ukip’s poll ratings peaked in June 2016 at 16 per cent. Since the leave campaign’s success, that has steadily declined so that Ukip is going into the 2017 general election on 4 per cent, according to the latest polls. If the polls can be trusted, that’s a serious collapse.

Can Ukip get anymore MPs?

In the 2015 general election Ukip contested nearly every seat and got 13 per cent of the vote, making it the third biggest party (although is only returned one MP). Now Ukip is reportedly struggling to find candidates and could stand in as few as 100 seats. Ukip leader Paul Nuttall will stand in Boston and Skegness, but both ex-leader Nigel Farage and donor Arron Banks have ruled themselves out of running this time.

How many members does Ukip have?

Ukip’s membership declined from 45,994 at the 2015 general election to 39,000 in 2016. That’s a worrying sign for any political party, which relies on grassroots memberships to put in the campaigning legwork.

What does Ukip's decline mean for Labour and the Conservatives? 

The rise of Ukip took votes from both the Conservatives and Labour, with a nationalist message that appealed to disaffected voters from both right and left. But the decline of Ukip only seems to be helping the Conservatives. Stephen Bush has written about how in Wales voting Ukip seems to have been a gateway drug for traditional Labour voters who are now backing the mainstream right; so the voters Ukip took from the Conservatives are reverting to the Conservatives, and the ones they took from Labour are transferring to the Conservatives too.

Ukip might be finished as an electoral force, but its influence on the rest of British politics will be felt for many years yet. 

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