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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!world!bzs
- From: bzs@world.std.com (Barry Shein)
- Subject: Re: legal question re anonymity online
- In-Reply-To: mkj@world.std.com's message of Sun, 10 Jan 1993 01:43:06 GMT
- Message-ID: <BZS.93Jan10152122@world.std.com>
- Sender: bzs@world.std.com (Barry Shein)
- Organization: The World
- References: <BETSYS.93Jan8125312@ra.cs.umb.edu> <C0KIMB.HIv@world.std.com>
- <BZS.93Jan8234039@world.std.com> <C0M7Fv.9sA@world.std.com>
- Date: Sun, 10 Jan 1993 20:21:22 GMT
- Lines: 103
-
-
- From: mkj@world.std.com (Mahatma Kane-Jeeves)
- >>And what about the potential harm to other users *from* an anonymous
- >>user? Is that not a quandary? Does that not, by a similar stretch of
- >>the imagination, seem to hold the BBS somehow liable to the harmed
- >>party?
- >
- >Everyone always brings up this supposed risk of harm from anonymous
- >users. I don't get it. Imagine a BBS whereon everyone uses a
- >pseudonym; how can anyone harm anyone?
-
- I don't understand, you are sure that harm can come from BBS users
- when they know your name, but not when you don't know theirs? Huh?
-
- Just turn your own example around which started this:
-
- You get into a disagreement with mickey_mouse@bell. MM threatens to
- nail your cat to your door. You don't give it any mind (but you save
- the msg.) You get home that night and there's your cat nailed to the
- door. So you call Bell and say "hey, who is this mickey_mouse guy I
- want to report him/her/it to the police...etc". And they say "damned
- if we know, he's one of those anonymous users you sued us over not
- having last year so we changed our policy."
-
- You don't find that analogous? I do.
-
- At the very least hanging ones' real name out there might temper one a
- bit, and I believe that's basically what, um, Bell's policies are
- claimed to be motivated by.
-
- (To The Net At Large: Let's not get into whether or not it's really
- him who did this, that's a tangent, w/o his ID you can't even politely
- ask him if he wants his nails back, anyhow, there's certainly enough
- there that it would be worth looking into.)
-
- >but real harm only becomes possible when real names
- >are used, right?
-
- So we just give in and encourage a paranoid society where no one dare
- let anyone know who s/he is?
-
- >>Besides, the whole thing is more hypothetical than you might imagine.
- >
- >Not for me; my feelings about this are based largely on personal
- >experience.
-
- I was referring to the concept of getting justice from the courts for
- something like you described.
-
- >You are quite right that this question can be construed to have
- >broad applications throughout our society. In fact, I suspect a
- >right to anonymity online may be crucial to preserving the slightest
- >shred of privacy in our not-too-distant future. See my article.
-
- I'm not sure I buy your equation of anonymity with privacy. I don't
- believe we can run a society where one's personal security hangs
- entirely on their anonymity, and that's what you are really saying.
- Oh, some things, surely I don't want people to know everything about
- me, and I want to keep channels for that info controlled (e.g. the
- whole flap about the videotapes that congressman rented.)
-
- I think tho what you are actually talking about is FREE anonymity. Do
- you agree that you can have all the anonymity you want *at a price*?
-
- Perhaps anonymity as you describe is merely a commodity, and the only
- real issue here is that you believe its cost is too high (yet you
- certainly seem to recognize its value)?
-
- >>For example, if a child gets a hold of a subscription card for a
- >>sexually explicit magazine, fills it out (we don't have to assume a
- >>small child, a 12 year old is sufficient) and even signs that s/he is
- >>over 18 yrs of age and encloses the money properly would you expect
- >>the magazine to be held liable?
- >>
- >>It's really quite similar in many ways (now watch, the answer will be
- >>"yes"...)
- >
- >Yes (I couldn't resist :). Well, actually I don't know, but isn't
- >it true in general that a merchant who sells sexually explicit
- >material, or any other prohibited material (such as cigarettes), to
- >a minor is liable, even if the minor misrepresents him/herself?
-
- Yes, but that is exactly the distinction I was drawing, that's why I
- used the example of sending in a subscription card to an explicit
- magazine. I believe there is some distinction that in the case of a
- retailer s/he can plainly see that the person is (or might be) a
- minor, while in the case of certain types of mail-order one recognizes
- that it's just not that easy. If anything I would tend to use that as
- an argument to ease up on the retailer's responsibility, if the same
- material can be had via mail by a minor with almost no chance of
- prosecution then why pick on the retailer? Well, I guess because
- retailers make it a tad too easy, comparatively.
-
- So I think you just missed my point on that last example.
-
- P.S. Point of Information - It is true that Compuserve is basically
- anonymous, right?
-
- --
- -Barry Shein
-
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