Twitter is sticking with Harris. In its memorandum, Twitter said the SCA allows a court to quash an order that causes an "undue burden" on a service provider.

In its arguments, Twitter contended that its terms of service mandate that users retain the rights to their content. It also argued that the SCA has been found to violate the constitutional right against unlawful search and seizure since in some instances it requires the disclosure of information without a search warrant.

The denying Harris' motion cited a U.S. Supreme Court case in which it was found bank customer records belonged to the bank and were not owned by the customer.

But the court did note that New York courts had not addressed whether a criminal defendant had "standing" to quash a subpoena "issued to a third-party social networking service."

Twitter sought to distinguish itself from banks, arguing that "unlike bank records, the content that Twitter users create and submit to Twitter are clearly a form of electronic communication that, accordingly, implicates First Amendment protections as well as the protections of the SCA."