For those interested in the anonymity issue there is a lively debate on list Cyberia-L (a legal list) which was stimulated, in part, by Peter Lewis's articles on anonymity and the LaMacchia case dismissal. For participation send message to: listserv@listserv.cc.wm.edu subscribe cyberia-l Your name Provocatively, I forward the following: Forwarding mail by: jsilverm@reach.com (Jared Silverman -- NJ Bureau of Sec. - Newark) on Mon, 2 Jan 11:58 AM ------------------- On January 1, 1995, Buford Terrell wrote:
Anonymity is very much a core 1st Amendment value and at the center of both political speech and the right to assemble. [Snip] Often times, the only way weak or unpopular minorites can speak is anonymously. There have been many times when to couple one's name to one's writings would be to invite martyrdom. I had rather risk a few perverts than to stifle this most important channel for dissent.
It is one thing to claim First Amendment protection to shield political speech, IMHO it is another to shield fraud and criminal behavior. Besides the First Amendment runs against the government, not in favor of individuals in actions brought by private parties. In the sexism thread, would anyone claim that an individual has the right to harass or stalk a person under the guise of the First Amendment? Would the First Amendment be a defense in a defamation suit? Of course not (Times v. Sullivan aside). Doesn't an individual have the right to know the identity of someone who is trying to communicate with him/her on a private basis? To a certain extent, the question was crystallized in the caller ID debate -- Who has the superior right, the calling party to anonymity or the called party to knowing who is calling? One of the areas of my professional concern is the use of cyberspace for securities fraud and manipulation. Cyberspace is an ideal medium for these activities because of the availability of anonymity and pseudonymity. Even on commercial BBSs, where "member lists" are available, posting to these lists is voluntary and those who draw my attention are rarely on these lists. Does all of cyberspace become off limits to conventional private rights and law enforcement under the rubric of "freedom of speech and assembly?" |--------------------------------------------------------------| |A. Jared Silverman, Chief-New Jersey Bureau of Securities | |jsilverm@reach.com | 201-504-3600 (phone) | 201-504-3601 (fax)| |**************************************************************| | My purpose holds to sail beyond the sunset - Tennyson | |**************************************************************| |The foregoing is the personal opinion of the sender and is not| |the official position of either the Bureau of Securities or | |the New Jersey Attorney General and the Department of Law and | |Public Safety. Affiliation given for identification only. | |--------------------------------------------------------------|