Sam Bayard, assistant director of the Berkman Center for Internet and Society’s Citizen Media Law Center, weighs in on the stink caused by TechCrunch’s publication of information hacked from Twitter CEO Evan Williams and others. Among the stolen info:  A projection the company would be profitable in Q3 2009 and that it would reach 1 billion users by 2013; and a pitch for a Twitter-themed reality TV show called Final Tweet, which needs to be stopped — privacy, First Amendment or whatever other laws be damned. 

TechCrunch says publishing hacked information is no different than publishing old-fashioned leaked information. Bayard says the blog is likely on solid legal ground:

In the current scenario, it is fair to say that a good deal of information about Twitter as a company is fair game given its immense popularity and newfound cultural significance. Twitter’s financial projections probably fall safely within the public concern category.  The TV pitch might be a closer call, but still probably falls on the safe side of the line …

… I’m not sure how the First Amendment would impact a possible prosecution for receipt of stolen property because it is receipt of stolen material, not publication, which is criminalized.  But it seems unlikely that First Amendment concerns wouldn’t also limit criminal liability in this context. 

Via Robert Weinberger.