Federal MySpace Indictment May Threaten Web "Anonymity"

I have written previously on issues of Net Neutrality, and the snowballing threats to freedom of expression and access to the Internet.

In those posts, among other references, I have pointed to the work of Lauren Weinstein, a prominent advocate of privacy and Internet freedom.

This morning's post to his Privacy Forum listserv to which I subscribe references a deeply disturbing issue that could seriously threaten the ability of anyone wanting remain anonymous while participating in discussion groups and forums to maintain that anonymity.

Although I personally have done everything but tell you my name and office number in my posts, I have still preferred to not totally expose myself. If you need a reason why, just read KOS report on the front page of this site today and sample the lovely email from Bill O'Reilly supporters he is receiving currently.

O'Reilly's hateful cadres

But on to today's topic below the fold.

I am publishing Lauren's commentary verbatim, as I am certain he would want it as widely shared as possible, and it was posted to an open subscription listserv supporting his Privacy Forum. In addition, I have removed all personal contact information, but left the public web sites and published information intact. I would encourage all interested in these issues to subscribe to the listserv (I use the digest option, so I get all emails for each 24 hour period in one composite email, rather than individually through the day). They are full of valuable news, information, and discussion of these critical topics that directly affect the continued future viability of the Net Roots use of the Internet for political activity. Always put these issues in that context.

            Federal MySpace Indictment May Threaten Web "Anonymity"

                 Can You Go to Prison for Lying to a Web Site?

Greetings.  Back in January, I discussed ("Can You Go to Prison for
Lying to a Web Site?" -- http://lauren.vortex.com/... )
the tragic case of a 13-year-old girl who committed suicide after
receiving upsetting messages via MySpace, and the efforts of authorities
to find some way to charge the senders of the messages, based on MySpace's
location in Beverly Hills.

Of particular concern to me was the apparent plan to declare that
providing false information in a profile (e.g. to MySpace) was a
crime.

I haven't seen the actual indictment yet, but word is that an L.A.
Federal Grand Jury has handed down one count of conspiracy and three
counts of "accessing protected computers without authorization" --
the latter counts presumably focused on the MySpace profile
( http://www.miamiherald.com/... ).

I continue to offer my sympathies in this situation.  But I must
also again proactively warn that creating a precedent declaring that
the providing of false information in a Web site profile is in and
of itself a crime would be terrible public policy.  It would put the
privacy of millions of law-abiding Web users at risk, who frequently
choose not to provide accurate information at Web sites that they
visit, simply to protect their own personal and/or financial privacy
and security.

While there is very little if any true anonymity on the Net, we
should all be concerned about the rising tide of demands to force
all Internet usage to be verifiably identified, regardless of the
seemingly laudable goals often associated with such efforts.

--Lauren--
Lauren Weinstein
Co-Founder, PFIR
  - People For Internet Responsibility - http://www.pfir.org
Co-Founder, NNSquad
  - Network Neutrality Squad - http://www.nnsquad.org
Founder, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com

Take heed, fellow Kossacks. The Internet you save may be your own!

UPDATE
I just noted the following additional commentary on the above post in my inbox, received later than the original post:

A quick addendum to "Federal MySpace Indictment May Threaten
Web 'Anonymity'" ( http://lauren.vortex.com/... ):

To be completely clear on a key point -- it's quite possible that
MySpace could have a cause for action in this case based on
violations of the Terms of Service.  However, the federal "accessing
protected computers" statute was designed to protect against
hardcore computer hacking and related system penetrations, not for
cases of this sort, and this law has never before been applied in
this kind of situation.

Such "stretching" of the law, apparently in an attempt to mollify
public opinion, is highly problematic and risks significant negative
collateral damage to law-abiding Internet users in the long run.