Fergie's Tech Blog

Anonymity in the Age of Full Disclosure

Elizabeth Daley writes on AlterNet:

Two new recent bills introduced to the [New Jersey] state assembly require Internet Service Providers (ISPs) to disclose user information in any claim of defamation. If these bills were to pass, individuals who are accused of online bad-talk in New Jersey would face instant disclosure of their identities to their accusers.

While it may seem that having one's identity revealed may not be that serious, Paul Levy, an attorney who deals with cases of online defamation for the Center for the Public Citizen Litigation has seen just how serious it can be. Levy is currently representing one person who was identified as having criticized another person in his community. After his identity was fully revealed, he was forced to move out of his hometown.

However being identified doesn't just mean you suffer humiliation or threats, being identified also means a formal lawsuit may be brought against you, costing time and money.

To make matters worse, the other New Jersey bill (A2623) would require ISPs to remove any "inappropriate" content when notified by a user of material that is defamatory or offensive. This means that ISPs, who will not have time, resources or legal expertise to determine if something is or is not defamatory, will erase anything that may be considered offensive or illegal.

posted by Fergie @ 6/08/2006 06:46:00 AM