Twitter Beta-Tests a Spine

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The government's investigation of WikiLeaks has set it on a collision course with the Internet services that the organization used to organize. While it's probable that other companies like Facebook received requests for user information, only Twitter successfully fought the gag order that the government had attempted to impose. There are several great takes on this topic, including this one about Twitter's general counsel, but the most interesting is Ryan Singel. He argued that Twitter's response should become the industry standard, saying the company "beta-tested a spine."

To Twitter's credit, the company didn't just open up its database, find the information the feds were seeking (such as the IP and e-mail addresses used by the targets) and quietly continue on with building new features. Instead the company successfully challenged the gag order in court, and then told the targets that their data was being requested, giving them time to try and quash the order themselves.

Twitter and other companies, notably Google, have a policy of notifying a user before responding to a subpoena, or a similar request for records. That gives the user a fair chance to go to court and try and quash the subpoena. That's a great policy. But it has one fatal flaw. If the records request comes with a gag order, the company can't notify anyone. And it's quite routine for law enforcement to staple a gag order to a records request. That's what makes Twitter's move so important. It briefly carried the torch for its users during that crucial period when, because of the gag order, its users couldn't carry it themselves.

The company's action in asking for the gag order to be overturned sets a new precedent that we can only hope that other companies begin to follow.

Read the full story at Threat Level at Wired.

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Alexis C. Madrigal

Alexis Madrigal is the deputy editor of TheAtlantic.com, where he also oversees the Technology Channel. He's the author of Powering the Dream: The History and Promise of Green Technology. More

The New York Observer has called Madrigal "for all intents and purposes, the perfect modern reporter." He co-founded Longshot magazine, a high-speed media experiment that garnered attention from The New York Times, The Wall Street Journal, and the BBC. While at Wired.com, he built Wired Science into one of the most popular blogs in the world. The site was nominated for best magazine blog by the MPA and best science Web site in the 2009 Webby Awards. He also co-founded Haiti ReWired, a groundbreaking community dedicated to the discussion of technology, infrastructure, and the future of Haiti.

He's spoken at Stanford, CalTech, Berkeley, SXSW, E3, and the National Renewable Energy Laboratory, and his writing was anthologized in Best Technology Writing 2010 (Yale University Press).

Madrigal is a visiting scholar at the University of California at Berkeley's Office for the History of Science and Technology. Born in Mexico City, he grew up in the exurbs north of Portland, Oregon, and now lives in Oakland.

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