Law in the Internet Society

Anonymity, Fictional Identities and Online Malfeasance

-- By AndreiVoinigescu

Table of Contents


Anatomy of a Problem

1. Cyberbullying 2. Defamation 3. Encouraging Illegal Behavior

The Proposed Solution, Legal Hurdles, and the Collateral Damage

1. Building an Identity Layer into the Internet 2. The Constitution Protects Anonymous Speech? 3. And killing anonymity is bad for a number of other reasons too--the collateral damage

Why Anonymity and Pseudoanonymity are Important

1. Preserving free speech 2. Protecting autonomy by impeding the attribution of an online behavioral profile to a specific individual 3. Enabling people to seek help, support and comraderie

Reconciliation and a few suggestions for moving forward

1. Most online behavior can already be traced back to an individual by supena of ISP, which achieves the right balance of protection for anonymity, because a judge is in the decision-making loop. (Current RIAA lawsuits notwithstanding) 2. Creating tools which enable the community to self-police -- the lessons from Wiki-vandalism 3. Education, experience and a new social common sense. More skepticism about the truth of online content as old expectations from the days of newspaper publishing and fact-checking fade, and less offense as people learn to grow a thicker skin.

 

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r8 - 26 Dec 2008 - 16:49:59 - AndreiVoinigescu
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