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
  • Sociology, Computer Science
  • 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… 

Topics from this paper

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
ABSTRACT Anonymity is treated as a problem of governance that can be subject to technical resolution. We use the example of the darknet to critically examine this approach. We explore the background
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
  • Jisuk Woo
  • Business, Computer Science
    New Media Soc.
  • 2006
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
Anonymous communication has a relatively long and sometimes controversial history in this country. From the anonymous publishing of the Federalist Papers under the pseudonym ‘‘Publius’’ over two
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 term flaming refers to offensive language such as swearing, insults and hating comments. Anonymity renders an environment that encourages irresponsible acts by people to display offensive
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
This article argues that the coming tide of electronic commerce will bring with it unprecedented opportunities for profiling of individual habits. Most consumers may find that their only practicable
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
The ® le: A personal history
  • New York: Random House.
  • 1997