Re: VERY TRUE Can You Go to Prison for Lying to a Web Site?

[David Farber <dave () farber net>]

________________________________________
From: Dave Wilson [dave () wilson net]
Sent: Wednesday, January 09, 2008 5:00 AM
To: David Farber
Subject: Re: [IP] Re:   VERY TRUE Can You Go to Prison for Lying to a Web Site?

I would argue that the need for anonymity in cyberspace is very real
*because* it's not a separate universe from meatspace. For example, the
Supreme Court has repeatedly struck down state laws forbidding anonymous
pamphleteering, arguing that such laws have a chilling effect on free
speech. The most recent case, I believe, was Watchtower Bible and Tract
Society of New York Inc., et al. v.  Village of Stratton (Ohio) et al,
in June 2002, but the Court has been upholding the principle that
anonymous speech is critical for a free society for over 50 years.
Clearly this principle must apply in cyberspace as well as Ohio.

The trick in cyberspace lies in the creation of a mechanism that both
guarantees anonymity but which would allow the state to identify a
lawbreaker. I would argue we've got something approaching that now:
Anonymity largely exists (at least for those who actively seek it)
unless somebody starts issuing warrants. (The system isn't foolproof,
but it seems to reasonably balance both requirements).

The case of the child psychologically tortured to the point of suicide
seems to me to be a poor excuse supporting the need for new laws
requiring  foolproof identity verification in cyberspace. A prosecutor
can't get a case going based on, for example, reckless endangerment
(conduct that creates a grave risk of death) so somebody wants to
manufacture a criminal case involving lying about your identity on a Web
site? I think, at best, that's violating the terms of a contract, and
surely not a criminal act.


David Farber wrote:
> ________________________________________
> From: Frode Hegland [frode () hyperwords net]
> Sent: Wednesday, January 09, 2008 3:45 AM
> To: David Farber; acb () acb net
> Subject: Re: [IP] Re:  Can You Go to Prison for Lying to a Web Site?
>
> Yes.
>
> The sooner we realize that the internet is not some separate, parallel, 'second life' but a communications media part 
> of our 'real' world, the better we will all be.
>
> On 9 Jan 2008, at 07:13, David Farber wrote:
>
> Harassment and free speech have nothing to do with one another, in
> person, or on the web. And pretending to be a dog is fraud.
>
>
> Frode Hegland
> The Hyperwords Company
> www.hyperwords.net<http://www.hyperwords.net>
>
>
>
>
>
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