Legal Issues in Anonymity and Pseudonymity

  title={Legal Issues in Anonymity and Pseudonymity},
  author={A. Michael Froomkin},
  journal={Legal Perspectives in Information Systems eJournal},
  • A. Froomkin
  • Published 1999
  • Law
  • Legal Perspectives in Information Systems eJournal
The regulation of anonymous and pseudonymous communications promises to be one of the most important and contentious Internet-related issues of the next decade. Resolution of this controversy will have direct effects on the freedom of speech, the nature of electronic commerce, and the capabilities of law enforcement. The legal resolution of the anonymity issue also is closely bound up with other difficult and important legal issues: campaign finance laws, economic regulation, freedom of speech… 

Assessing Anonymous Communication on the Internet: Policy Deliberations

The social character of anonymous communication and the ways that anonymous communication has played important roles for professionals such as journalists and the police are examined and some of the new technological supports for anonymous communication on the Internet are explained.

Secrecy and Anonymity Online

  • A. Bancroft
  • Computer Science
    The Darknet and Smarter Crime
  • 2019
This chapter argues that anonymity is not the dangerous quality it appears to be, and most malicious activities do not take place using a darknet-provided cloak of anonymity.

Challenging the techno-politics of anonymity: the case of cryptomarket users

It is argued that attempts to promote de-anonymising norms and technology are based on an erroneous understanding of what anonymity is, and the personal satisfaction that comes from interacting anonymously online is identified.

Anonymity and its Prospects in the Digital World

In this working paper I will trace the changes undergone by anonymity – and by the discourses surrounding it – in liberal Western societies. I will ask whether the current politicization of the issue

The right not to be identified: privacy and anonymity in the interactive media environment

It is suggested that focusing on the right not to be identified on the network by allowing affirmative acts of secrecy and deception regarding identity and identification might be the most effective-and sometimes only practically viable-way of ensuring privacy in the interactive environment.

Benefits and Drawbacks of Anonymous Online Communication: Legal Challenges and Communicative Recommendations

In the ongoing aftermath from the events of September 11, 2001, there exists a climate of suspicion and heightened security that seems increasingly interested in establishing identity, and judicial and organizational officials are increasingly likely to take actions limiting one’s privacy and to provide identifying information in the name of national security—all of which erodes anonymity.

Data Protection in the Online Age

The underlying thesis challenges the current approach adopted by the Data Protection Directive (DPD) and the Directive on Privacy and Electronic Communications 2002/58/EC (DPEC) towards the

The Role of Anonymity in the Flaming Activity on YouTube in Malaysia

The results concludes that most of the flamers kept their identity anonymous due privacy concerns and for the freedom of speech, and the rest used their real name as a form of publicity, identity defining and to boost their self-confidence.

An Old Regime for Viewpoint Diversity of the New Media: protecting anonymity for a functioning marketplace of ideas in cyberspace

This  study examines the necessity of protecting anonymity as a way to promote marketplace of ideas? in cyberspace. As an old regime, Fairness Doctrine that used to apply to radio broadcasting

Anonymous Communication Unmasking Findings Across Fields

Research examining anonymous communication has a rich history spanning several academic fields and numerous decades. Despite this broad and longstanding interest, few attempts have been made to



Flood Control on the Information Ocean: Living With Anonymity, Digital Cash, and Distributed Databases

The article discusses the legal status of anonymous speech and anonymous digital cash and describes several of the most popular varieties of digital cash, including Mondex and DigiCash, and compares their differing implications for the user's personal privacy.

The Internet as a Source of Regulatory Arbitrage

The Internet is a transnational communication medium. Once connected, there is little that a single country can do to prevent citizens from communicating with the rest of the world without

The Costs of Privacy

Privacy is both an individual and a social good. Still, the no-free-lunch principle holds true. Legislating privacy comes at a cost: more notices and forms, higher prices, fewer free services, less

The Metaphor is the Key: Cryptography, the Clipper Chip and the Constitution

Advances in encryption technology that are increasing personal privacy, particularly electronic privacy, but reducing the U.S. government's ability to wiretap telephones, read e-mail surreptitiously, and decrypt computer disks and other encrypted information are described.


Usage of the global Internet computer network is rising exponentially (Waldrop 1994: 880). Not surprisingly, attemptsat governmental regulationare not farbehind. AlthoughCongress has paid

Content-Neutral Restrictions

The content-based/content-neutral distinction plays a central role in contemporary first amendment jurisprudence. This article explores the nature of content-neutral review.1 Part I examines the mass

A Right to Read Anonymously: A Closer Look at

This Article focuses specifically on digital monitoring of individual reading habits for purposes of so-called "copyright management" in cyberspace, and evaluates the import of this monitoring for traditional notions of freedom of thought and expression.

The cement of society : a study of social order

Preface and acknowledgements Introduction: the two problems of social order 1. Collective action 2. Bargaining 3. Social norms 4. Bargaining and collective action 5. Collective action and social

Note, The constitutional right to anonymity: Free speech, disclosure and the devil

  • Yale Law Journal 70:1084±1128.
  • 1961