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


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.

Ben Pruchnie/Getty Images
Show Hide image

Commons Confidential: Fearing the Wigan warrior

An electoral clash, select committee elections as speed dating, and Ed Miliband’s political convalescence.

Members of Labour’s disconsolate majority, sitting in tight knots in the tearoom as the MP with the best maths skills calculates who will survive and who will die, based on the latest bad poll, observe that Jeremy Corbyn has never been so loyal to the party leadership. The past 13 months, one told me, have been the Islington rebel’s longest spell without voting against Labour. The MP was contradicted by a colleague who argued that, in voting against Trident renewal, Corbyn had defied party policy. There is Labour chatter that an early general election would be a mercy killing if it put the party out of its misery and removed Corbyn next year. In 2020, it is judged, defeat will be inevitable.

The next London mayoral contest is scheduled for the same date as a 2020 election: 7 May. Sadiq Khan’s people whisper that when they mentioned the clash to ministers, they were assured it won’t happen. They are uncertain whether this indicates that the mayoral contest will be moved, or that there will be an early general election. Intriguing.

An unguarded retort from the peer Jim O’Neill seems to confirm that a dispute over the so-called Northern Powerhouse triggered his walkout from the Treasury last month. O’Neill, a fanboy of George Osborne and a former Goldman Sachs chief economist, gave no reason when he quit Theresa May’s government and resigned the Tory whip in the Lords. He joined the dots publicly when the Resolution Foundation’s director, Torsten Bell, queried the northern project. “Are you related to the PM?” shot back the Mancunian O’Neill. It’s the way he tells ’em.

Talk has quietened in Westminster Labour ranks of a formal challenge to Corbyn since this year’s attempt backfired, but the Tories fear Lisa Nandy, should the leader fall under a solar-powered ecotruck selling recycled organic knitwear.

The Wigan warrior is enjoying favourable reviews for her forensic examination of the troubled inquiry into historic child sex abuse. After Nandy put May on the spot, the Tory three-piece suit Alec Shelbrooke was overheard muttering: “I hope she never runs for leader.” Anna Soubry and Nicky Morgan, the Thelma and Louise of Tory opposition to Mayhem, were observed nodding in agreement.

Select committee elections are like speed dating. “Who are you?” inquired Labour’s Kevan Jones (Granite Central)of a stranger seeking his vote. She explained that she was Victoria Borwick, the Tory MP for Kensington, but that didn’t help. “This is the first time you’ve spoken to me,” Jones continued, “so the answer’s no.” The aloof Borwick lost, by the way.

Ed Miliband is joining Labour’s relaunched Tribune Group of MPs to continue his political convalescence. Next stop: the shadow cabinet?

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 27 October 2016 issue of the New Statesman, American Rage