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Canadian Court Orders Site To ID Anonymous Posters

An anonymous reader writes "A Canadian court has ordered the owners of the FreeDominion.ca to disclose all personal information on eight anonymous posters to the chat site. The required information includes email and IP addresses. The court ruled that anonymous posters have no reasonable expectation of privacy, a major blow to online free speech in Canada."

19 of 358 comments (clear)

  1. Good luck by sakdoctor · · Score: 5, Insightful

    I'm behind 7 proxies

    1. Re:Good luck by pixelpusher220 · · Score: 3, Insightful

      Think of the internet as a giant Fax machine. Just because you don't sign the letter you fax, doesn't mean they don't know where it came from.

      Unless you take explicit steps you are not anonymous online *ever*. Even when you do, you're only as anonymous to the point of making it more difficult to find you. The trail is there, however cloudy and convoluted.

      An insecure wireless connection on the other hand...does wonders for anonymnity(sp?) ;-)

      --
      People in cars cause accidents....accidents in cars cause people :-D
    2. Re:Good luck by ShieldW0lf · · Score: 4, Insightful

      Which will just as effectively cripple free speech as going directly after the posters in the first place.

      If you need to post anonymously, you didn't have free speech in the first place.

      --
      -1 Uncomfortable Truth
    3. Re:Good luck by Kjella · · Score: 5, Insightful

      If you need to post anonymously, you didn't have free speech in the first place.

      You may have freedom from the government, but you can never be free from judgement by your peers. Posting anonymously has long been the best way to spread uncomfortable truths without facing the public backlash that inevitably leads to self-censorship. Someone with your sig ought to know, unless you're just a poser.

      --
      Live today, because you never know what tomorrow brings
    4. Re:Good luck by arkhan_jg · · Score: 4, Insightful

      It's even worse that that. In our brave new world where everything you've ever said online is indexed and recorded by google et al; and corporate judgements of our personality - and employability - can be made based upon some 10 year old blog posting, it's crucial that anonymous speech be defended.

      Voting is anonymous for a reason; people can be pressured into voting a certain way by businesses, threatened to be fired if they don't vote as instructed and hand over their ballot receipt as proof. With no voter receipt, and privacy in the voting booth, this protects voters from unfair co-oercion by the powerful.

      These days, instead of that private conversation by the watercooler or in the pub where people express their opinions - and gripes - beyond the ears of their manager, instead, it's on the likes of twitter, facebook and slashdot.

      How can we have freedom of speech in our names, on our own time, when we fear for our very livelihoods because every word we ever utter will be pored over by some bored manager or HR guy, regardless of whether it's any way related to or the business of the company?

      Anonymous and pseudonymous speech allows us to carve out a little bit of our lives and keep them for ourselves and our friends, and not be constantly looking over our shoulders in fear at government or company in case we're perceived to be less than an ideal citizen.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    5. Re:Good luck by arkhan_jg · · Score: 3, Insightful

      Yeah, there's a name for speaking up in the face of inevitable judgment by your peers. It's called "having the courage of your convictions."

      Out of interest, is Baron Hethor Samedi your real nameor a pseudonym?

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    6. Re:Good luck by Have+Brain+Will+Rent · · Score: 3, Insightful

      If it is cowardly to use anonymous comment to avoid having a brick (or bricks) thrown through your window well then it seems a pretty reasonable sort of cowardliness.

      There is also a huge range of penalties that can be brought to bear along the way from "people might not like you" to "the state is going to jail/kill you" and those penalties are non-trivial. Losing a job (and then the dominoes start to fall) for example. Being anonymously discriminated against for another. Having your rights simply ignored because you've said the wrong things.

      State persecution aside, unless you've had the mob turn it's attention on you then you probably have no idea just how important anonymity can be to your safety and well-being.

      There is also the idea of ad hominem attacks in discourse. These are decried for good reason and an ad hominem attack based solely on someone being anonymous is no better. It is foolish and wrong headed to devalue what someone is saying simply because they are saying it anonymously.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
  2. Something interseting by DaveV1.0 · · Score: 5, Insightful

    I noticed the blogger doesn't mention anything about the case itself. I wonder how knowing the particulars of the case might effect the response of slashdot posters.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  3. Re:Anonymous speak Free speech by Yamamato · · Score: 5, Insightful

    Saying something anonymously is not part of that definition.

    Anonymous expression has always been a cornerstone of free speech/expression. The only way you can say it's not is to ignore the centuries of western commentary on exactly this subject.

  4. Re:A Canadian by v1 · · Score: 4, Insightful

    The court ruled that anonymous posters have no reasonable expectation of privacy

    I wonder what then the court considers to be a "reasonable expectation of privacy"? Sorry, here or anywhere else, when I click the "post anonymously" button I have a reasonable expectation of privacy. Now what they happen to log etc I can understand, but there's an expectation of at least a measure of privacy. If Joe Troll emails /. asking for my IP I expect them to say get lost. But if they get a subpoena I expect them to get the IP. That's where "reasonable" lies in my opinion.

    --
    I work for the Department of Redundancy Department.
  5. Re:Free speech? by tjonnyc999 · · Score: 5, Insightful

    Anonymity has a higher purpose than being used only for hiding behind while making threats/posting illegal activity.

    It is one of the foundations of freedom of speech and democracy, allowing citizens to voice their concerns and opinions without fear of prosecution or ridicule.

    It reminds us to place principles before personalities, allowing logic to take precedent over emotions.

    P.S. It's a bit ironic to hear an admonition to "be brave for once and say what you want in the open" - from an Anonymous Coward. LOL. Good job. Alanis Morrisette would be proud.

  6. Re:Anonymous speak Free speech by roystgnr · · Score: 5, Insightful

    Saying something anonymously is not part of that definition.

    Common Sense would indicate otherwise.

  7. Re:Rock and hard place. by Locklin · · Score: 4, Insightful

    It's called an anonymous informant and a journalist.

    --
    "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
  8. Re:Anonymous speak Free speech by Yamamato · · Score: 3, Insightful

    I must disagree:

    You disagree that western political philosophy has anonymous speech as a central part of free speech/expression? Then you'd be disagreeing with reality. One only has to look at the Federalist papers to show you wrong.

    western governments have historically ruled against the protection of anonymous speech

    Western governments have routinely subverted the teachings of western political philosophy, but that has little bearing on what I said.

    however, free speech has traditionally been protected.

    Actually you can probably find more rulings against "free speech" than you can "anonymous expression".

  9. Re:Free Speech vs Privacy by Overzeetop · · Score: 4, Insightful

    On the contrary, the right to privacy and anonymity is one of the base requirements for the existence of free speech. Without a guarantee of privacy, much speech which dissents from the mainstream, identifies graft and corruption, or identifies wrong-doers would be stifled if there were consequences for the speaker. Whether it's a bully stealing lunch money, a contractor putting beach sand in concrete for a building, a tip line for identifying/finding criminals, or a Governor selling a senate seat - the implications of telling the truth which is detrimental to a powerful individual can be a personal risk which is just not tenable.

    Yes, privacy can be used for evil; however it is critical that is be available.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  10. Re:Rock and hard place. by phoenix321 · · Score: 3, Insightful

    Well, except for the fact that one ruling concerning anonymous posters will affect ALL anonymous posters everywhere within Canada.

    The Internet is all-or-nothing in this case. If you can prosecute one case of slander and libel, you can prosecute all cases, including "statement critical of the Führer and The Party", which is the scary part of it.

    Combine all the efforts underway and you'll see where this is heading. Censorship because of the children, where they lock you up in prison for making the banlist public. Somehow, these banlists always include certain political opponents, but that's just a coincidence. Either way, lock everyone up who questions the Child Porn Ban List, because Children are holy.

    Then ID'ing anonymous posters, next forcing webmasters to present ID when setting up a public servers and then we're very very very close to the requirement of having each and all typewriters registered with the Stalinist Party.

    This ain't a slippery slope fallacy, because we're already sliding down as we speak, and we're sliding fast. They're already railing up against "unsensible" and "provocating" comments which include pro-catholic, anti-catholic and of course anti-muslim opinions. We have that in Denmark, The Netherlands and the UK already, but it's still only a handful of cases. But as I said, we're having quite a ride on the slippery slope which people have foreseen years ago and were dismissed with Godwin's Law. Well, pessimism can be true sometimes.

  11. Web service data retention policies by Tool+Man · · Score: 3, Insightful

    What this says to me is that anyone running a service, anonymous or not, needs to be thoughtful about their own data retention policies.

    For instance, I might want to keep finer-grained detail for a short while, to assist in troubleshooting or incident handling.

    Otherwise, it's probably just fine to keep more terse logs for a longer period of time. My understanding is that you can't be forced to divulge information you simply don't keep, if regular log rotation is part of your usual business process. The point is, it should probably be part of your usual business process, as it's too late to delete once the lawyers are involved.

  12. Re:Rock and hard place. by Curtman · · Score: 3, Insightful

    I often wondered how long it would take the insanity of US & UK to reach us.

    Really? Because I often wonder why it happens every goddamn time we elect the Conservatives, and why nobody remembers this the next time.

  13. Canadian Loss of Freedom by b4upoo · · Score: 4, Insightful

    It sounds like Canada must be married to Australia with this nonsense court ruling. Must we all now go to a public library or internet cafe in order to be able to post anonymously? Somebody should act up and get rude and loud until governments get the message. Freedom of communications is not in the hands of governments to regulate. This freedom belongs only to individuals not to states.