Kershaw could have simply argued that preventing him from Tweeting about issues having nothing to do with his legal situation or the charges against him was a violation of his First Amendment right to free speech. Even in court, where current events, fashions and politics are supposed to be banished from legal decisions, requests go over much more easily when they hit the issues that are big today rather than when the Constitution was written.
Despite arguments that the dangerous, subversive hackers of Anonymous use the overly public Twitter to plan their misdeeds, Judge Paul Grewal ruled prosecutors hadn't sufficiently linked specific Twitter accounts to their assumption that every key-press by an Anonymous sympathizer was necessarily a felony or act of treason.
Therefore Kershaw and his fellow defendants are free to Tweet themselves or participate in Twitter Town Halls and other online events. They're not allowed to use IRC, however, which Anonymous actually does use to plan and coordinate its various activities, not to mention gossip about each other, engage in private flame wars that break out into public doxings, swap files, swap pictures and do all the other social things people do online, especially when their physical liberty is limited.
Kershaw is a 28-year-old foreman for a Colorado landscaping company, was arrested along with 15 others for a DDOS attack the DoJ charges they participated in and which was organized by Anonymous. He was released July 2 on a bond of $10,000 on condition he not access the Internet from any computer and that he allow a probation officer to verify he had not done so.
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