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.

Photo: Getty
Show Hide image

Scotland's vast deficit remains an obstacle to independence

Though the country's financial position has improved, independence would still risk severe austerity. 

For the SNP, the annual Scottish public spending figures bring good and bad news. The good news, such as it is, is that Scotland's deficit fell by £1.3bn in 2016/17. The bad news is that it remains £13.3bn or 8.3 per cent of GDP – three times the UK figure of 2.4 per cent (£46.2bn) and vastly higher than the white paper's worst case scenario of £5.5bn. 

These figures, it's important to note, include Scotland's geographic share of North Sea oil and gas revenue. The "oil bonus" that the SNP once boasted of has withered since the collapse in commodity prices. Though revenue rose from £56m the previous year to £208m, this remains a fraction of the £8bn recorded in 2011/12. Total public sector revenue was £312 per person below the UK average, while expenditure was £1,437 higher. Though the SNP is playing down the figures as "a snapshot", the white paper unambiguously stated: "GERS [Government Expenditure and Revenue Scotland] is the authoritative publication on Scotland’s public finances". 

As before, Nicola Sturgeon has warned of the threat posed by Brexit to the Scottish economy. But the country's black hole means the risks of independence remain immense. As a new state, Scotland would be forced to pay a premium on its debt, resulting in an even greater fiscal gap. Were it to use the pound without permission, with no independent central bank and no lender of last resort, borrowing costs would rise still further. To offset a Greek-style crisis, Scotland would be forced to impose dramatic austerity. 

Sturgeon is undoubtedly right to warn of the risks of Brexit (particularly of the "hard" variety). But for a large number of Scots, this is merely cause to avoid the added turmoil of independence. Though eventual EU membership would benefit Scotland, its UK trade is worth four times as much as that with Europe. 

Of course, for a true nationalist, economics is irrelevant. Independence is a good in itself and sovereignty always trumps prosperity (a point on which Scottish nationalists align with English Brexiteers). But if Scotland is to ever depart the UK, the SNP will need to win over pragmatists, too. In that quest, Scotland's deficit remains a vast obstacle. 

George Eaton is political editor of the New Statesman.