April 14, 2009

Defending the Constitutional Right to Be Anonymous

Today through Thursday I’m participating in an online symposium at Concurring Opinions in which a whole list of us have been asked to comment on Danielle Citron’s article Cyber Civil Rights.

There are already a large number of interesting contributions there, and I’ve just added mine: CCR Symposium: The Right to Remain Anonymous Matters. It may be controversial.


Posted by Michael : April 14, 2009 07:55 PM | Civil Liberties , Law: Constitutional Law , Law: Internet Law | TechnoLinks
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Unfortunately, due to technical reasons, Concurring Opinions is unfriendly to anonymous comments.

Specifically, comments there require appear to require javascript. (They may also require cookies—not sure on exact details.) As I expect you're aware, enabling javascript is a significant threat to anonymity.

I'd encourage you to just boycott any discussion of online anonymity at Concurring Opinions. They're entitled to lock anonymous contributors out of their one-sided discussion, but please don't lend them your reputation. That venue doesn't deserve serious consideration.

Posted by: via tor at April 15, 2009 07:56 AM

I don't think comments here are all that anonymous either. My blog software logs your IP number, and I'm sure Dreamhost keeps extensive logs too. I don't think of this as an app that would justify the extra cost to find a host that didn't...

Posted by: michael at April 15, 2009 08:13 AM
I don't think comments here are all that anonymous either.

But your blog doesn't throw technical roadblocks in front of people.

I wouldn't go so far as say that Solove & Co. are knowingly cooperating with repressive regimes. But Solove & Co. are actually aiding evil regimes.

You're not.

There's a slight moral difference.


Posted by: via tor at April 15, 2009 09:02 AM

michael-
Did you see slashdot article today discussing federal sentencing guidelines amplified by 25% where computer crime committed using anonymous proxy? Opinion? Why is this happening under Obama? I thought he was supposed to be tech literate?

Posted by: the proxinator at April 15, 2009 09:53 AM

Isn't the Sentencing Commission an independent agency? In which case it's unlikely Obama has had a chance to appoint anyone to it yet.

Judges that I've met -- especially the older ones -- often seem irrationally afraid of or angry at "hackers". This seems to feed on that attitude.

Posted by: michael at April 15, 2009 10:39 AM

Of course one way to interpret the recommendation is the government's recognition that proxies serve a valuable public purpose, and their abuse by criminal actors is especially heinous. Ha, ha, yeah right.

Posted by: the proxinator at April 15, 2009 11:01 AM

Being Anonymous is a bit.. ch.

Posted by: AndyNominOus at April 17, 2009 01:58 PM
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