[Dave Birch] Having just come from a meeting about the management of multiple identities and the potential commercial structure of a proposition based on pseudonyms, I found myself reading some excellent and thought-provoking comment on the issue of anonymity vs. pseudonymity vs. absonymity starting with a US perspective over at Public Citizen.
The First Amendment protects the right to speak anonymously, and if the bar to such discovery is set too low, much citizen and consumer discussion about the important issues of our day, including the doings of corporations and politicians, will be chilled and hence lost to the marketplace of ideas. If it is set too high, valid claims may be lost. We at Public Citizen have litigated many cases devoted to setting this balance correctly.
I can’t say I understood everything (or, indeed, anything) in the legal argument, but I think I agree with the conclusion (applied by the US courts in the examples given) that “commercial” speech is not the same as “political” speech. Companies bashing each others’ products via “astroturf” blogs are not (and should not) be subject to the same privileges as political opponents questioning policies. But, naturally, it is a very fuzzy boundary, and one of the key issues is anonymity. If you are allowed to post anonymously, then it’s hard to
If you read through both stories you see that judges basically seem to be making it up as they go along as to what standards to use in deciding whether or not online anonymity is protectable
[From More Mixed Rulings On The Right To Be Anonymous Online | Techdirt]
Now, I would have thought that one of the reasons why we have judges is precisely so that they can make things up as they go along. If the law was written by people like me, it would be in XML and given the facts of the case as a set of propositions would be capable of delivering justice through an algorithm that would decide the outcome in polynomial time. But it isn’t, so we need judges. Sometimes they come up with odd rulings — look at the fuss about the UK judge who recently ruled that it’s not against the law to smash stuff up if it belongs to people you really don’t like — but, generally speaking, they combine law and common sense.
Unfortunately, as I have constantly complained, common sense is a bad guide to what to do about identity.
We don’t want paedophiles and nazis to be able to groom unsuspecting, innocent children online. Who could disagree with that? In the UK, this “common sense” drove a furore about Facebook that has led to an completely pointless resolution (along the lines of “something must be done, this is something, so let’s do it”).
how can the police help with every teen who is struggling with the wide range of bullying implied, from teasing to harassment? Even if every teen in the UK were to seriously add this and take it seriously, there’s no way that the UK police have a fraction of the resources to help teens manage challenging social dynamics. As a result, what false promises are getting made?
[From danah boyd | apophenia » Facebook’s Panic Button: Who’s panicking? And who’s listening?]
I would be utterly shocked if the presence of this button makes even the slightest difference. The kids who are smart enough to press it when they are approached are presumably smart enough to know that they are being approached, if you see what I mean, and the kids who press it because they are being bullied by their peers in some way are not going to get any help, so what’s the point? The “Facebook murder” that Danah refers to might just as well have been called the “Ford Mondeo” murder, since both technologies were crucial to the crime, and as she points out having this button would not have averted the tragedy.
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