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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!wupost!csus.edu!netcom.com!mdb
- From: mdb@netcom.com (Mark Bisgeier)
- Subject: Re: Legal question re pseudonymity online
- Message-ID: <1993Jan8.032339.14770@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <C0ID04.1Ey@world.std.com>
- Date: Fri, 8 Jan 1993 03:23:39 GMT
- Lines: 33
-
- mkj@world.std.com (Mahatma Kane-Jeeves) writes:
-
- > ... John sues the BELL. My question: Does he have a case? ...
-
- I think BELL's argument would be that by logging on to a public conferencing
- board, John could not have had any reasonable expectation of privacy;
- surely he would know that unidentified members of the public would have
- access to his name. (It's not clear that merely giving his name would allow
- someone to identify him and/or his phone #/address....). BELL could more
- specifically protect itself by posting an advisory to all potential
- subscribers that they assume the risk of participation on the board.
-
- Furthermore, BELL would argue that since it is a private board, it can set
- its own policies re pseudonymity, at least as long as they are rational
- policies and don't discriminate among users on the basis of some
- illegitimate classification (e.g., race); a subscriber's celebrity could
- arguably be a good reason for differentiating the pseudonym rules.
-
- The fact that BELL was aware of previous incidents of harrassment might give
- rise to some obligation to inform subscribers generally of that fact; but so
- long as the policy prohibiting pseudonyms has a reasonable basis, the
- existence of some risk to the subscribers probably shouldn't be borne
- entirely by the board. A contrary policy would probably drive the boards
- out of business. (If the government decided in its infinite wisdom that
- such boards were not good public policy, it could legislate that such risks
- be borne entirely by the boards; this would be a roundabout way of
- legislating them out of existence without an outright prohibition.)
-
- --
-
- Mark Bisgeier mdb@netcom.com
-
- ...Let your mind wander...
-