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Anonymous Blogger Outed By Politician

Snoskred writes with the story of a blogger who chose to remain pseudonymous, who has been outed by an Alaskan politician in his legislative newsletter. Alaska Rep. Mike Doogan had been writing bizarre emails to people who emailed him, and the Alaskan blogger "Mudflats" was one of those who called him on it. (Mudflats first began getting noticed after blogging about Sarah Palin from a local point of view.) Doogan seems to have developed a particular itch to learn who Mudflats is, and he finally found out, though he got her last name wrong, and named her in his official newsletter. The Huffington Post is one of the many outlets writing about the affair. The blogger happens to be Democrat — as is Doogan — but that is immaterial to the question of the right to anonymity in political speech. Does an American have the right to post political opinion online anonymously? May a government official breach that anonymity absent a compelling state interest?

300 comments

  1. ANONYMOUS FIRST POST TROLL!!! by Anonymous Coward · · Score: 5, Funny

    pleaase don't oust me :(

    please?

    1. Re:ANONYMOUS FIRST POST TROLL!!! by Anonymous Coward · · Score: 3, Funny

      I did NOT have a sexual relationship with THAT AC.

      Thank you for your support.

    2. Re:ANONYMOUS FIRST POST TROLL!!! by Anonymous Coward · · Score: 0

      Steve Willis of Shelby, Montana (USA), is that you?

    3. Re:ANONYMOUS FIRST POST TROLL!!! by Anonymous Coward · · Score: 0

      Who are you, and what have you do with me?

    4. Re:ANONYMOUS FIRST POST TROLL!!! by Anonymous Coward · · Score: 0

      Area man is outed as Anonymous Coward on Slashdot.

    5. Re:ANONYMOUS FIRST POST TROLL!!! by Anonymous Coward · · Score: 0

      Stewart! I thought you said you were documenting your code?

    6. Re:ANONYMOUS FIRST POST TROLL!!! by Torvaun · · Score: 4, Funny

      No one else did either.

      --
      I see your informative link, and raise you a pithy comment.
    7. Re:ANONYMOUS FIRST POST TROLL!!! by kabloom · · Score: 2, Funny

      But the Anonymous Coward has so many different posts on so many subjects that it's hard to understand what his motive would be in posting all of them. ...

      Oh, never mind. They just discovered that it was contaminated cotton swabs.

    8. Re:ANONYMOUS FIRST POST TROLL!!! by Anonymous Coward · · Score: 0

      Stop slandering me!

    9. Re:ANONYMOUS FIRST POST TROLL!!! by Anonymous Coward · · Score: 0

      Thank you for your support.

      You're welcome.

      —Wonderbra

  2. Uhhh by QuantumG · · Score: 5, Insightful

    Does an American have the right to post political opinion online anonymously?

    Sure.

    May a government official breach that anonymity absent a compelling state interest?

    Why yes. Everyone has the right to keep their identity a secret.. but no-one has the right to prevent others from discovering their secrets.

    --
    How we know is more important than what we know.
    1. Re:Uhhh by Anonymous Coward · · Score: 5, Insightful

      but no-one has the right to prevent others from discovering their secrets.

      So does you proclamation apply to whisle blowers, people in witness protection, confidential documents, your SSN, trade secrets, etc.

      People have a perfect right to protect their secrets, otherwise they wouldn't be secrets.

    2. Re:Uhhh by RodgerDodger · · Score: 5, Insightful

      Actually, that is not the case. Government officials in particular have a greater duty to protect your privacy than the average citizen, due to their access to greater-than-normal tools to violate it.

      If, for example, Rep. Doogan abused his office to discover Mudflat's identity, then that would be a serious problem.

      --
      "Software is too expensive to build cheaply"
    3. Re:Uhhh by QuantumG · · Score: 5, Interesting

      Can you actually state any *laws* to that affect? Hiring a registered private investigator to discover the identity of a whistle blower.. yep, perfectly legal. Witness protection is more myth than fact. Confidential documents remain confidential until they are lawfully obtained by the people you want to keep them confidential from, then they no longer are. My SSN? I think I have one of those from back when I worked in the USA.. assuming that everyone else reading this has one or considers it a secret is a pretty big assumption. Trade secrets are exactly the same as confidential documents.. with the added fun of reverse engineering.. also perfectly legal as has been upheld by the supreme court dozens of times.

      People have a perfect right to protect their secrets, otherwise they wouldn't be secrets.

      No-one said they didn't.

      --
      How we know is more important than what we know.
    4. Re:Uhhh by Vectronic · · Score: 1

      As long as the preventative measures are defensive rather than offensive.

      ie: you should be allowed to protect access to a document, but not retract any information they may have on the document, or the document itself if they came by it legally.

      Or, you can lock the door on your store, but you can't force someone to give back photos of what was in the store if it was in plain view.

    5. Re:Uhhh by julioody · · Score: 5, Insightful

      Except he's a public official. I for one very much doubt he did this in his own time, or with his own money.

      The blogger committed no crime, as from TFA. So what gives?

      Hate to state the obvious, but that strikes me as a personal vendetta being pursued while the fine representative should be more concerned with matters of public interest.

    6. Re:Uhhh by dexmachina · · Score: 5, Insightful

      I agree, with one reservation. If Rep. Doogan discovered the blogger's identity using channels that would be available to anyone, then he was well within his rights to "oust him"...otherwise, you're effectively arguing that Mudflats' right to anonymity trumps Doogan's right to free speech. However, if he used his position as a government official to access information not available to the general public, then his actions were an abuse of power.

    7. Re:Uhhh by nedlohs · · Score: 5, Interesting

      But then it's not the exposing of identity that is the problem, it's the abuse of power and resources. It would be just as much an abuse if he then kept the knowledge to himself.

      If I want to work out who is sending me anonymous emails I can look at the headers and notice they all come from an IP used by a local internet cafe and they seem to be sent at 10am each Saturday, nothing wrong with me going there at that time the next Saturday and seeing if there's anyone who's the likely sender. Nothing wrong with a policeman or a politician doing the same. As soon as the policeman or politician uses their additional powers (flashing a badge and asking to see the credit card receipts and user lists, etc) then we have a problem.

    8. Re:Uhhh by tsotha · · Score: 0, Redundant

      I agree with this. Your anonymity is yours to maintain, and as long as the government official doesn't abuse his office to discover who the blogger is there's no problem. Just as you are free to expose secrets of government officials (like John Edwards' love child), government officials are free to expose yours as a private citizen.

    9. Re:Uhhh by Anonymous Coward · · Score: 0, Insightful

      This would be a Non-Story if the parties where reversed, Mike Doogan being a Dem. and Mudflats being a Republican bashing Obama. And I think most people know it.

    10. Re:Uhhh by badasscat · · Score: 4, Insightful

      Except he's a public official. I for one very much doubt he did this in his own time, or with his own money.

      But you're turning this around. Again, that's a question of abuse of power, which really has nothing to do with protection of privacy. Politicians can and do abuse their power in any number of ways to get what they want. Whether that happened here is a separate issue.

      The question is "do you have a right to anonymity when making political editorials?" That's a different question than "do you have the right to make anonymous political editorials?" The answer to the latter question is "of course". The answer to the former question is "of course not".

      There's no protection of privacy when making editorials, especially ones that by design are intended to hurt someone else. Whether or not that hurt is justified and the editorial truthful is immaterial - just as an accused defendant has the right to know his accuser in court, so too is it elsewhere in our society.

      Look at it this way. Imagine if, instead of some random person, this blogger was instead a member of the Republican National Committee executing a covert strategy to take down this Democratic representative. Would their privacy be protected then? If not, why not?

      There can't be a double standard for the obvious reason that you don't know who you're dealing with or what their motives are until they are unmasked. And both the accused and the public have a right to know that.

      Anonymity has its uses, but this country has a much longer history - and a long legal basis - in people dealing with each other face to face, with all the cards on the table.

    11. Re:Uhhh by gyrogeerloose · · Score: 4, Insightful

      Can you actually state any *laws* to that affect?

      I cant't cite any state laws but the U.S. Supreme Court has repeatedly upheld the right to anonymous speech as part of the right to free speech.

      --
      This ain't rocket surgery.
    12. Re:Uhhh by dmomo · · Score: 1

      And to that, I would not so much say He was failing to protect our privacy as I would that He intentionally obstructed that privacy.

    13. Re:Uhhh by QuantumG · · Score: 4, Insightful

      Yup, but the supreme court has never said "you can't try to find out who that anonymous person is".. if you want to remain anonymous it's your responsibility to protect your identity.. you have no legal right to that. You can't contact the police and say "hey, someone is trying to find out who I am, stop them!"

      --
      How we know is more important than what we know.
    14. Re:Uhhh by isa-kuruption · · Score: 2, Interesting

      Anonymity has its uses, but this country has a much longer history - and a long legal basis - in people dealing with each other face to face, with all the cards on the table.

      And I think that sums it up. In the Internet age, people have become accepting of information from anonymous sources with no concrete information.

      Whistle blower laws were put in to protect people who reported illegal behavior without fear of reprisal. The point was that in order to provide the details of the behavior one would be giving away who they were because the information was only available to a limited number of people, making it easy to narrow down who the whistle blower was.

      At one point, a source that was unknown was untrusted, so without being able to say, "I know this is fact because blah blah blah" meant you were probably making it up.

      People today take the truth from anonymous sources as being as legit as truth from named sources, or even more so. That is backwards.

      If you're man (or woman) enough, you should be willing to put your name out there so people can criticize you. If you hide behind anonymity (which is your right, btw), then I have just as much right to call you a liar, a coward and ignore anything you say.

    15. Re:Uhhh by Anonymous Coward · · Score: 0

      ?

      It's possible that I'm misunderstanding you, but Doogan is a "Dem".

    16. Re:Uhhh by davolfman · · Score: 0, Troll

      Actually I think that kind of behavior would get you thrown in jail many places. You'd be hard pressed to defend yourself from any number of charges it resembles, stalking, or conducting a private investigation without a license.

    17. Re:Uhhh by Kral_Blbec · · Score: 3, Funny

      Conducting a private investigation without a licence? Do we need a licence to do everything nowdays? That is seriously one of the dumbest things I have heard of in a long time. Oh noes! You cant look out the window anymore to find out who keeps ringing your doorbell and running away at 3am. Thats a private investigation!

      I seriously hope there is no such law.

    18. Re:Uhhh by NormalVisual · · Score: 1

      You'd be investigating on your own behalf, not for profit for someone else, so I'd think you'd probably be okay. IANAL, and it's late, and I'm just pulling that out of the air. :-)

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    19. Re:Uhhh by Anonymous Coward · · Score: 0

      If you're man (or woman) enough, you should be willing to put your name out there so people can criticize you. If you hide behind anonymity (which is your right, btw), then I have just as much right to call you a liar, a coward and ignore anything you say.

      Yeah, except people like to think they can extend that right to bashing the crap out of people to shut them up etc.
      Your ignorance astounds me

    20. Re:Uhhh by Reziac · · Score: 1

      Yes, I agree there is no restriction on anyone's right to investigate anything they wish, through ordinary lawful channels (breaking into accounts wouldn't qualify), and if they HAPPEN to identify an anonymous poster, oh well. The freedom to speak anonymously does NOT confer the requirement that everyone else look away so they can't tell who is speaking.

      BUT -- they don't have the right to use *government resources* or their *political power* to out anyone -- legally, that's no different from having your pet cops break into a house without a warrant.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    21. Re:Uhhh by Anonymous Coward · · Score: 0

      Does an American have the right to post political opinion online anonymously?

      No! Posting your opinion anonymously should be outlawed.

    22. Re:Uhhh by jabithew · · Score: 1

      It must surely depend on how he found out. If it was from an email exchange and the use of some grey matter then I think the rep. was well within his rights. If he used access to government files to do it, then things are a little different.

      --
      All intents and purposes. Not intensive purposes.
    23. Re:Uhhh by religious+freak · · Score: 4, Insightful
      There is no constitutional right to privacy. You can look and look, but there's nothing that says 'you have a right for the government to not look into your shit' (or any more respectful verbiage). The right to privacy has never been fully tested in the courts, in the opinion of at least some legal scholars.

      Fourth Amendment reads:

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      That does NOT say you are guaranteed to privacy outside your house, or that the government can't snoop through your activities... That means that unless there are laws in existence governing the type of circumstance AC found herself in, the government can do what it pleases and be legal.

      Now, I personally think that the right to privacy implicitly exists in the constitution (our president shares this view), but many folks think this type of thing is just a guaranteed right to us as citizens... it's not.

      --
      If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
    24. Re:Uhhh by Anonymous Coward · · Score: 2, Interesting

      http://media.www.trinitytripod.com/media/storage/paper520/news/2002/12/31/SpecialFeature/Ralph.Morellis.Remarks.At.The.Daily.Jolt.Townhall.Meeting-342714-page2.shtml

      Anonymous and pseudonymous speech -- the use of pen names -- has had a long and important tradition in the US. Thomas Paine's "Common Sense" pamphlet, the Federalist Papers, and other pamphlets and books have played key roles in our revolution and history. The US Supreme Court has frequently protected anonymous pamphlets and other forms of communication. As recently as 1995 (in McIntyre v. Ohio Elections Commission) the Court ruled that anonymous pamphleting is protected by the First Amendment. In the case of the ACLU v. Reno in 1997, the Supreme Court struck down the Communications Decency Act as a violation of our First Amendment right to free speech. In that ruling the Court made the claim that a Web page was a kind of electronic pamphlet. Thus, our right of free speech, including anonymous speech, is independent of the medium used. /. borks links so have fun with it.

    25. Re:Uhhh by Anonymous Coward · · Score: 0

      I think that the licence is required for your evidence to be admitted by the court. Also, I totally support laws that prevent vigilantism.

      said this, nothing prevent to land an harassment proceeding on the guy.

    26. Re:Uhhh by Tenebrousedge · · Score: 1

      Of course there is, but it's not often applied to such circumstances. That's much more likely to be treated as harassment, and handled with a restraint order.

      I am not certain, but I believe a private investigator is defined as someone working for hire, e.g. MediaSentry. Private investigators must be licensed the state they are in, and generally there are educational requirements.

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    27. Re:Uhhh by xouumalperxe · · Score: 5, Informative

      As recently as 1995 (in McIntyre v. Ohio Elections Commission) the Court ruled that anonymous pamphleting is protected by the First Amendment

      What that means is:

      • Posting anonymous pamphlets is legal;
      • You can't legislate to make it illegal (not american, can't recall whether 1st amendment rules at state or federal level);
      • Since anonymity is legal, you can't ask law enforcement to help you find out who posted something anonymous (or do anything else about it, for that matter) unless there's something else about it that makes it illegal.

      What it doesn't mean is:

      • If you spread an "anonymous" message via SMS, it doesn't bar people from just saying "look whose caller ID it is!"
      • If the speech itself is illegal (not sure what constitutes illegal speech in the US, but violence/hate inciting speech, or holocaust denial are recurring items elsewhere), anonymity doesn't suddenly make it OK because of the first amendment
    28. Re:Uhhh by NewbieProgrammerMan · · Score: 2, Interesting

      There is no constitutional right to privacy. You can look and look, but there's nothing that says 'you have a right for the government to not look into your shit'...

      That's probably because the U.S. Constitution was meant to enumerate the powers delegated to the federal government by the people, not to enumerate the rights held by individuals.

      (Yes, I know that's now generally considered an "outdated" way to look at the constitution, individual rights, and the powers of the federal government.)

      --
      [b.belong('us') for b in bases if b.owner() == 'you']
    29. Re:Uhhh by Anonymous Coward · · Score: 0

      the government can do what it pleases and be legal

      Actually, the government can do whatever the constitution says it can do as it pleases, and be "legal". What, there's no other passage that gives the government the power of search and seizure? Hrmmm...

    30. Re:Uhhh by moeinvt · · Score: 1

      "There is no Constitutional right to privacy. You can look and look, but there's nothing that says 'you have a right for the government to not look into your shit'"

      The U.S. Constitution does not "grant" rights to the people. It grants powers to the government, and if it doesn't grant them the explicit power to "look into your shit", they don't have that power.

      " . . . unless there are laws in existence governing the type of circumstance AC found herself in, the government can do what it pleases and be legal."

      No friggin way! That's a scary thought. The government most certainly CANNOT "do what it pleases". The Ninth Amendment reads:

      "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

      i.e. Just because certain Rights of The People are explicitly elaborated in The Bill of Rights, it is by no means a comprehensive list, and the lack of a direct reference to a "Right to Privacy" doesn't mean that it does not exist. The AC doesn't need a written law protecting her Rights. The government needs a law authorizing its activities.

    31. Re:Uhhh by chipset · · Score: 1

      I am pretty sure that's not the case. Mike Doogan, I believe, used to be a columnist for the Anchorage Daily News. It's been a long time since I lived there, so I could be wrong, but I believe that's the case.

      With his connections at the paper and some reasonable investigation skills (or hiring someone), it would be possible to find out who they are.

    32. Re:Uhhh by Dun+Malg · · Score: 4, Insightful

      There is no constitutional right to privacy.

      Amendment IX - "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

      It's the ignorance of folks like you that opponents of the Bill of Rights were afraid of. They feared people would think the Bill of Rights was an exhaustive list of our rights, even if one of them explicitly stated it wasn't (i.e. the 9th). The US Constitution protects all rights, even ones not explicitly enumerated therein. The Bill of Rights was essentially a "Top 10 List" they felt were especially important. If the Supreme Court says that the right to privacy is a basic right, they don't have to justify it as an extension of the 4th. They originally did (which I think was a mistake) but they really needed only cite the 9th.

      --
      If a job's not worth doing, it's not worth doing right.
    33. Re:Uhhh by moeinvt · · Score: 0

      "If you're man . . . enough, you should be willing to put your name out there so people can criticize you. If you hide behind anonymity . . . then I have just as much right to call you a liar, a coward . . ."

      Why do you think that expressing your opinion should require an act of courage? People often post things anonymously because they justifiably fear personal reprisal, and YOU KNOW IT! That's why you say "people can criticize you" as opposed to suggesting that people can criticize "your ideas and opinions". If this society wasn't so screwed up, and people didn't have to face the threat of personal attack or intimidation just for expressing their opinions, there would be little motivation for expressing one's views anonymously.

      The way to rectify this issue from a societal standpoint is to fight against the people who would abuse their positions of power to stifle Free Speech, and to prevent the persecution of people with "upopular" viewpoints by the tyranny of the majority. Under those circumstances, anonymous speech would lose much of its credibility because there would be fewer reasons for a person to require anonymity.

    34. Re:Uhhh by MBGMorden · · Score: 1

      If it must be for hire then that would kinda imply that you can never be charged with this while conducting your own personal investigation. Much like you can be charged for practicing law without a license, but you can always defend yourself in court if you wish.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    35. Re:Uhhh by rtb61 · · Score: 1

      Not quite right. There are limits in the methods that can be used to discover peoples secrets. In this case the politician as it was a government email service has to declare what method was used to discover the supposed identity of the blogger. If the methods used to obtain this information break some laws, privacy laws, cyber laws, theft of privileged company data, etc. then the politicians should be prosecuted.

      --
      Chaos - everything, everywhere, everywhen
    36. Re:Uhhh by Anonymous Coward · · Score: 0

      "not sure what constitutes illegal speech in the US"

      One example is a death threat to the POTUS

    37. Re:Uhhh by TheCRAIGGERS · · Score: 1

      Look at it this way. Imagine if, instead of some random person, this blogger was instead a member of the Republican National Committee executing a covert strategy to take down this Democratic representative. Would their privacy be protected then? If not, why not?

      Yes, it should be.

      You are considering the message and the messenger as part of the whole. If a the blogger was a Republican, does that make the message any less truthful than if the blogger was Random J Hacker? Sure, it establishes that there is a bias but if you have an ounce of gray matter between your ears you've already figured out that nobody in the political arena (or anywhere) is unbiased. And while you should take everything you read with a grain of salt, ad hominem attacks (He's a Republican! He's full of shit and wrong!) has no place in a debate.

    38. Re:Uhhh by Anonymous Coward · · Score: 0

      I disagree.

    39. Re:Uhhh by T+Murphy · · Score: 1

      There's nothing against denying the Holocaust here (there's nothing against denying evolution either). While threats could get you in trouble, stupidity is protected speech.

    40. Re:Uhhh by ArcherB · · Score: 1

      Even if you can prove a Constitutional right to privacy based on the Fourth, that has nothing to do with the First, which guarantees free speech and is exactly what we are talking about here. Anonymous is not mentioned in the First Amendment.

      That is the whole idea behind the Free Speech portion of the First Amendment is that you can speak freely without having to be anonymous.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    41. Re:Uhhh by ArcherB · · Score: 1

      The U.S. Constitution does not "grant" rights to the people. It grants powers to the government, and if it doesn't grant them the explicit power to "look into your shit", they don't have that power.

      The Constitution spells out what government's job is. The Bill of Rights spells out what the government can NOT do. What do you thing "Congress shall make no law..." means?

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    42. Re:Uhhh by Loki_1929 · · Score: 2, Insightful

      Threats of physical violence, libel, incitement to violence, and speech which presents a "clear and present danger" (the example most commonly used is of shouting 'FIRE!' in a crowded theatre) are about the only examples of unprotected free speech in the US.

      Things like "hate speech" laws, holocaust denial laws, and other backwards anti-liberty, anti-speech laws haven't quite made it here yet, but they're probably coming at some point.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    43. Re:Uhhh by Loki_1929 · · Score: 2, Insightful

      At least someone else besides me has read the US Constitution without wearing Blinders of Idiocy +3.

      The troubling thing is that it'd be tough to put down on paper what the Constitution does in any more simple language. I find that troubling because if it takes so little time to completely distort the meaning of such simple words even in the face of so much supporting information on the meaning of those words (Federalist Papers, etc), then what can any of us do to preserve liberty over any length of time?

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    44. Re:Uhhh by Loki_1929 · · Score: 1

      I think your post needs to be read aloud in every classroom in America at the beginning of every month of the school year from grade 1 right through grad/law/medical school.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    45. Re:Uhhh by Sheafification · · Score: 1

      (not american, can't recall whether 1st amendment rules at state or federal level)

      It's nominally at the federal level, but the 14th amendment is generally construed to make the other amendments about rights and so forth applicable at the state level.

    46. Re:Uhhh by Mr.+Slippery · · Score: 1

      The Constitution spells out what government's job is. The Bill of Rights spells out what the government can NOT do.

      First, the Bill of Rights is part of the Constitution. Please don't speak as if they were separate things.

      Second, the Bill of Rights states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," and "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

      In other words, the list of federal powers listed in the Constitution is a limit on them, while the list of right is not a limit on people's rights. The Constitution sets a floor on our rights and a ceiling on government power.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    47. Re:Uhhh by Anonymous Coward · · Score: 0

      I agree that there is no _explicit_ right to privacy in the US Constitution or its Bill of Rights. However, the Ninth Amendment clearly states that the enumerated rights in the Constitution are not a complete list, and arguably one of the most frequently implied rights is that of privacy. Unless the Supreme Court of the US can find that this right is explicitly denied, then according to the Ninth Amendment it is as binding as the rest of the document.

      That said, "privacy" can have many definitions, a few of which can NOT be implied from the rest of the Bill of Rights or the later amendments. Privacy outside your house (some random schmuck snapping a photo of you, provided those actions do not fall afoul of harassment laws) is not guaranteed, and neither is the right to keep private any "public" action you take (e.g., posting pictures of yourself on a public Internet page, the modern-day analog to not obscuring your windows when you want privacy).

      Claiming that the government can snoop through your activities because privacy is not enumerated is a dangerous argument to make. Although any action made public is fair game, making a good-faith effort to keep one's LEGAL activities private should mean that it is none of the government's business. This is explicitly mentioned between the Ninth and Tenth Amendments (i.e., the Bill of Rights is not an exhaustive list, the Federal Government cannot extend its power beyond those abilities granted by the Constitution, and anything not explicitly outlawed by a valid state law is legal) and in direct contradiction to the idea that the government can do as it pleases barring a certain law.

      Back to the Fourth Amendment, if you are doing something illegal, then the government needs probable cause to investigate and defeat your efforts to keep your actions private. The caveat is that if something truly harmful and illegal is/was done, probable cause has a habit of presenting itself without the government even doing anything. It's just the nature of crime.

      I guess my point is that the right to certain kinds of privacy is implied within the Bill of Rights, and we would do well not to sign them off due to some narrow interpretation of the Constitution. Those who are truly doing Bad Things will eventually get themselves caught and convicted as they deserve, so we should not allow innocent citizens to get snared in trying to expedite the process. Conversely, the government has a much higher standard to uphold, and even the appearance of trouncing on Constitutional rights, whether enumerated or implied, should be taken very seriously.

      #include lawyer-disclaimer.h // just another concerned citizen, because how can we protect our rights if we don't know what they are

    48. Re:Uhhh by mea37 · · Score: 2, Informative

      There are obscenity laws as well.

      The truty is, it's not all that black-and-white anyway. There are degrees of "protected" when it comes to protected speech, and in any given case there's a seemingly-subjective 'weighing' of how "protected" the speech is against other concerns.

      e.g. speech considered 'functional' is less protected than speech considered 'expressive' IIRC, and in any case speech considered 'political' in nature is always more protected than if it weren't political...

    49. Re:Uhhh by ArcherB · · Score: 2, Insightful

      First, the Bill of Rights is part of the Constitution. Please don't speak as if they were separate things.

      Mostly true. They are the first ten amendments to The Constitution. In other words, these are things that were added to it. Yes, it is NOW part of the Constitution, but was not part of the original.

      In other words, the list of federal powers listed in the Constitution is a limit on them...

      Exactly! The Bill Of Rights is there to place a limit on federal powers. In this case, "Congress shall make no law... abridging the freedom of speech, or of the press;" The first five words in that is a direct limit on federal powers, by definition.

      Anonymity is not protected in the Bill of Rights. However, as you pointed out, the Establishment Clause states that just because something is not directly listed does not mean that it is not a right. It's up to the courts and congress to decide if anonymity is protected or not. Also, this may be a state issue and since "The powers not delegated to the United States by the Constitution... are reserved to the States respectively...", Alaska may be in its right here if the Feds don't find that anonymity should be protected.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    50. Re:Uhhh by UncleTogie · · Score: 1

      One example is a death threat to the POTUS.

      Who'd do that?!? Sure, maybe Lump was overplayed a bit, but death threats?!?

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    51. Re:Uhhh by Anonymous Coward · · Score: 0

      However, there is an old legal principle that certainly applies here. Basically - "Your freedom to swing your arm ends where my nose begins"

      If you use an anonymous forum to bash someone and commit libel, then you can't use your right to privacy to avoid being discovered and punished for that libel.

    52. Re:Uhhh by Cytotoxic · · Score: 1

      Amendment IX - "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

      It's the ignorance of folks like you that opponents of the Bill of Rights were afraid of. They feared people would think the Bill of Rights was an exhaustive list of our rights, even if one of them explicitly stated it wasn't (i.e. the 9th). The US Constitution protects all rights, even ones not explicitly enumerated therein. ...

      Excellent post!

      I'll jump on your bandwagon and add that the constitution does not name the rights of the people, it names the powers that the federal government may take from the people. In effect, it lists the limited areas that the government may infringe upon your personal rights. Anything not listed in the constitution is denied to the government - not the other way around.

      Regulate commerce? Yup, we got a clause in the constitution that allows us to do that. Outlaw oral sex? Nope, nothing in the constitution says we have the power to do that.

      On a sad note, you'll notice that there is very little interest in following this interpretation of constitutional power. I'm afraid that the prevailing view now is that "constitutional" is synonymous with "it's a good idea".

    53. Re:Uhhh by jadavis · · Score: 2, Insightful

      If the Supreme Court says that the right to privacy is a basic right, they don't have to justify it as an extension of the 4th.

      Let's say that there's a "right to privacy" that is protected by the 9th (I neither agree nor disagree with this assertion, because it's fairly vague).

      What does a "right" mean in the context of the Constitution? It's some limitation on the power of the federal government (and in many cases the state governments, as well). It may be that they can't punish you for something (free speech, keeping a firearm), or that they cannot do something (unreasonable search, cruel punishment).

      So how would such a right to privacy actually function? Surely a constitutional right does not limit the power of a citizen; that's what laws are for. And the representative is a citizen. So as long as the representative did not use powers granted to him by the federal government in order to breach the privacy, it's perfectly allowable.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    54. Re:Uhhh by jadavis · · Score: 1

      Except he's a public official. I for one very much doubt he did this in his own time,...

      Representatives don't have all that many duties. They can pretty much spend their time however they please, as long as it's legal.

      or with his own money.

      If you are suggesting he illegally misappropriated tax dollars or public resources for a personal matter, that is a serious accusation. Please substantiate it.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    55. Re:Uhhh by Jack9 · · Score: 1

      But you're turning this around. Again, that's a question of abuse of power, which really has nothing to do with protection of privacy.

      Turning it around? How is the determination (if the goal or act is illegitimate) NOT integral to whether or not it's abuse of power?

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    56. Re:Uhhh by DirkBalognapantz · · Score: 1

      Thanks you for stating that as well as you did.

    57. Re:Uhhh by nine-times · · Score: 1

      So does you proclamation apply to whisle blowers, people in witness protection, confidential documents, your SSN, trade secrets, etc.

      If people had the right to prevent others from discovering their secrets, then wouldn't people have the right to prevent whistle blowers?

    58. Re:Uhhh by religious+freak · · Score: 1
      Yes, I understand this perfectly. My point is that this contention does exist and that privacy is NOT a thoroughly tested concept in our courts - this is a legal FACT. Our OPINIONS (and I suspect the opinions of most folks in the USA) are that there does exist an implicit right under the 4th 5th and 9th amendments. The right to privacy has been recognized in a very limited case relating to contraception between a married couple, but not to the sweeping point GP seemed to suggest, and many people believe (incorrectly) privacy explicitly exists in our constitution - because they don't bother to read the constitution.

      It's the ignorance of folks like you that opponents of the Bill of Rights were afraid of.

      Ah, excuse me, but I'd humbly suggest you reread what I'm saying here - because I believe we agree. I'm saying that burying your head in the sand and saying "it does exist, it does exist, it does exist" is wrong. Although the current administration does recognize a right to privacy, previous administrations have taken questionable steps on the basis that they don't have barriers to taking certain actions (read: echelon, citizen monitoring, etc), and the lack of an explicit guarantee in the constitution (or laws) to privacy was perhaps the basis of their opinion. The counter to your argument would be:
      Preamble to constitution:

      We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity

      Article II, Section 8, Clause 1:

      The Congress shall ... provide for the common Defence and general Welfare of the United States

      etc, etc...

      I am not making anything up here. I'm merely pointing out to /.ers which may not be familiar with law that this is an argument which does exist in the legal community and one which is far from settled. All you've got to do is type up "constitutional right to privacy" into google, and read for days, if you want. If you understand the technical legal basis of the argument those who proselytize security over liberty, you have a basis for forming cogent counter arguments.

      You can be emotive and indignant, or you can look at what I'm trying to communicate here.

      --
      If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
    59. Re:Uhhh by Golddess · · Score: 2, Informative

      if it takes so little time to completely distort the meaning of such simple words even in the face of so much supporting information on the meaning of those words (Federalist Papers, etc), then what can any of us do to preserve liberty over any length of time?

      By following the words of I believe it was Thomas Jefferson.

      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    60. Re:Uhhh by Anonymous Coward · · Score: 0

      The original sentence you ranted against says "There is no constitutional right to privacy".... which is correct. None of the rights listed in the bill of rights is a privacy right.

      If he'd typed "there is no right to privacy since it's not in the bill of rights" then you might have at least a valid reason for ad hominem attacks.

      But as it is you've just wasted your righteous anger agreeing with him.

      Feel better?

    61. Re:Uhhh by Anonymous Coward · · Score: 0

      The Bill of Rights does apply to the states (look up "selective incorporation" if you're interested).

    62. Re:Uhhh by JumpDrive · · Score: 2, Insightful

      If it is a government official, then it becomes a completely different issue. completely different

      To pursue finding someones anonymous identity may require breaking laws. If a law is broken (civil/criminal), then yes they can call the police.

    63. Re:Uhhh by steelfood · · Score: 1

      There is no speech that is illegal in the US, except child porn, and speech that infringes some form of IP.

      To regulate speech means to regulate thought.

      At best, you can charge people for the results of their speech. But taking responsibility is as much a part of free speech as anonymity.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    64. Re:Uhhh by Thinboy00 · · Score: 2, Informative
      --
      $ make available
    65. Re:Uhhh by el+americano · · Score: 1

      Yes, what he did was legal, but that does not end the discussion. What do his constituents, and the public at large, think of this swaggering little man you who has become absorbed with criticism about himself, but does little to respond to it other than attacking those who are publishing it? You don't see anything but bashing here: http://www.akdemocrats.org/doogan/032709_2_doogan_in_juneau.htm

      This arrogant representative entirely deserves the negative publicity this will earn him.

      --
      Those are my principles. If you don't like them I have others. -Groucho Marx
    66. Re:Uhhh by Thinboy00 · · Score: 1

      Of course, although the Ninth amendment says there are other rights, you have the Elastic clause on the other side of the issue. And IANAL.

      --
      $ make available
    67. Re:Uhhh by Thinboy00 · · Score: 1

      [snip]

      On a sad note, you'll notice that there is very little interest in following this interpretation of constitutional power. I'm afraid that the prevailing view now is that "constitutional" is synonymous with "it's necessary and proper".

      There, fixed that for you.

      --
      $ make available
    68. Re:Uhhh by kaiidth · · Score: 1

      Yeah, and had the Mudflats blogger used their anonymous (actually pseudonymous) forum to write anything illegal, then Doogan should have used the perfectly adequate mechanisms provided by the law to identify the individual and take it to court.

      However, he chose not to take that approach, perhaps indicating that the blogger in question did not commit libel, and instead he chose to track them down as a personal vendetta in order to publish their details in his constituency newsletter. Which is weird, creepy and probably an abuse of power too. Maybe the guy has seen one superhero vigilante movie too many.

      So I'm not sure what your point is, beyond 'Hi! I'm anonymous coward and I never read TFA'.

    69. Re:Uhhh by Uberbah · · Score: 1

      But you're turning this around. Again, that's a question of abuse of power, which really has nothing to do with protection of privacy.

      They're about as unrelated as cougars and mountain lions. /rolls eyes

    70. Re:Uhhh by coolsnowmen · · Score: 1

      ...Things like "hate speech" laws, holocaust denial laws...

      If the hate speech isn't true, is it slanderous? And if it is slander is it protected by the 1st amendment?

    71. Re:Uhhh by Loki_1929 · · Score: 2, Informative

      ...Things like "hate speech" laws, holocaust denial laws...

      If the hate speech isn't true, is it slanderous? And if it is slander is it protected by the 1st amendment?

      Hate speech is commonly things like: "ALL NIGGERS ARE SMELLY AND STUPID!" or something along those same lines. Hate speech typically isn't true, as it's motivated by irrational anger at an entire race, religion, etc.

      Slander and libel are not protected as they result in harm to a specific individual. For either to be proven, it must be shown that a reasonable person could believe what's being said (or written) is true. The previous example would not be slanderous or libelous because it's not directed at a specific individual and no reasonable person would believe it's an objective and factual statement.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  3. Uhm... by Anonymous Coward · · Score: 1, Insightful

    I don't recall ever seeing anything about a RIGHT to anonymity? This isn't healthcare.

    You want to blog and take potshots at someone, don't be surprised if they try to find out who you are.

    1. Re:Uhm... by JustOK · · Score: 0, Troll

      as long as they don't abuse my right to privacy.

      --
      rewriting history since 2109
    2. Re:Uhm... by Anonymous Coward · · Score: 0

      The Supreme Court and the First Amendment disagree.

      Do note that the Bill of Rights would likely not exist were it not for the Federalist Papers...that is, a collection of papers written by the founders of this country that were published anonymously.

    3. Re:Uhm... by PhxBlue · · Score: 1

      I don't recall ever seeing anything about a RIGHT to anonymity?

      Without the right to speak anonymously, freedom of speech isn't really so free.

      --
      !#@%*)anks for hanging up the phone, dear.
  4. Anonomity should not be required by pwizard2 · · Score: 5, Insightful

    I'm disturbed that an American would feel that they should have to be anonymous to post political speech. There should be no threat of reprisal whatsoever; in fact the politicians should be the ones who are worried about what the electorate thinks of them.

    --
    "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
    1. Re:Anonomity should not be required by Anonymous Coward · · Score: 5, Insightful

      I'd guess that it isn't the politicians that one would be worried about.

    2. Re:Anonomity should not be required by Anonymous Coward · · Score: 4, Funny
    3. Re:Anonomity should not be required by pete-classic · · Score: 1

      While I agree with you in principal, the article gives a laundry list of reasons a person might not want to have their identity associated with their political speech.

      I found it fairly persuasive.

      -Peter

    4. Re:Anonomity should not be required by dbIII · · Score: 2, Informative

      Why? Because journalists posting political opinions have been have been defamed for being gay or (gasp!) Canadian.
      It appears that the tactic of attacking the messenger and not the message is the most common form of "debate" in a lot of places at the moment. I can't solely blame the poor standards of US education for that problem.
      An example that many here might have heard of was PJ of Groklaw fame being criticised in truly bizzare and irrelevant ways by another writer working on material from the SCO situation. When people go about stalking bloggers mothers it's worth being anonymous.

    5. Re:Anonomity should not be required by pwizard2 · · Score: 1

      It appears that the tactic of attacking the messenger and not the message is the most common form of "debate" in a lot of places at the moment. I can't solely blame the poor standards of US education for that problem.

      I can see where you're coming from, and it is a concern. However, we can only hope that most rational people will be able to see ad hominem attacks for what they are and filter them out from any real differing points of view.

      --
      "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
    6. Re:Anonomity should not be required by Vectronic · · Score: 4, Insightful

      Not directly, but indirectly.

      Fear of saying what you want to because you might get fired, but why would the company have any reason to fear it's employees opinions unless the company could be harassed by politic(ian)s.

      Same goes for the FBI, IRS and the rest of bullshit organizations, someone speaks out about what they think, and somehow that gives the FBI, or IRS the right to arbitrarily investigate you, the police to follow you, why?

      The government is there to serve the people, the people aren't there to serve the government.

    7. Re:Anonomity should not be required by Brandybuck · · Score: 1

      Well yeah... but this is the real world. What should be and what are and universes apart. Not just in the U.S. but everywhere.

      --
      Don't blame me, I didn't vote for either of them!
    8. Re:Anonomity should not be required by LoverOfJoy · · Score: 4, Informative

      I don't know. If you worked in public relations, for instance, then I'm not so sure your boss would be happy about you also being a vocal political activist. It's not so much that he'd fear reprisals from the government. It could just as easily be boycotts of their products from people of the opposite political persuasion.

      We saw this in action a bit with Proposition 8. There were websites listing the highest donors in the area and people boycotted their places of business and even vandalized property. That doesn't mean I would agree with any firings but I can understand wanting anonymity without fearing the government directly or indirectly.

    9. Re:Anonomity should not be required by hairyfeet · · Score: 4, Interesting

      In case you missed it, there were these "town meetings" things held by McCain during the election where nice folk(whom I would personally term rabid) were screaming things like "Kill him!" about the senator's opponent. Remember that? When you have got those kinds of nutballs running around wouldn't YOU not want them to know where you live if you were writing about their precious leader? I know I would.

      I think there should be an IMMEDIATE investigation. Not because he outed the blogger, but because i can't picture a rep doing the work required to find this out on his own, and I doubt very seriously he paid out of his own pocket to have it done. That makes it a misuse of government resources and an abuse of power. if he did abuse his power and privilege to get the identity of this blogger, then bust his ass. Because the last thing we need right now is politicians using their power to go after one of the last places we still have free speech. I agree that if he did the work himself and found out that is one thing, but how many here actually believe he did that? Nope, me neither.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    10. Re:Anonomity should not be required by Vectronic · · Score: 2, Insightful

      Mhmm, thats why I said "...unless the company could be harassed by politic(ian)s "

      But even still, the politics of that company, are probably that way because they are sucking up to a politician/political party for less taxes, more this, less that, whatever...

      Although, if your politics differ that strongly from your employer, then you are sort of trapped into mental slavery if you continue to work there. I've left some, and got intentionally fired from a few jobs for that reason because to me it's like, fighting for the Nazi's when you don't believe in their concepts, to what end?

      Pretty much the same for business-to-business, you either leave politics out of it (unless it directly deals in it) or don't deal with businesses that contradict your businesses politics. I know that's somewhat black & white, and not "economically viable" and all that, but that's only because they continue to keep it in the gray and have stuff like one company behind 2 parties in a war etc, which is political in one aspect, but monetary in the other, but that's only a different kind of politics.

    11. Re:Anonomity should not be required by cbiltcliffe · · Score: 4, Insightful

      I can see where you're coming from, and it is a concern. However, we can only hope that most rational people will be able to see ad hominem attacks for what they are and filter them out from any real differing points of view.

      If people were good at filtering out ad hominem attacks, then people wouldn't use ad hominem attacks, because they wouldn't work.

      Unfortunately, people are idiots, ad hominem attacks do work, and "Think of the children! Why do you hate children? Are you a pedophile?" frequently does more to discount your argument to a crowd than any logical, well debated argument.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    12. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      Take the following as an example: "I feel that the United States should have a nationalistic and authoritarian government that blocks immigration and works to reduce the influence of those who are not of European descent on American politics and culture." When one holds such beliefs the government is only one group on a very long list of those wishing to conduct reprisals for said speech, which is even the case with viewpoints which are far less radical. Hence the desire for anonymity in such circumstances.

    13. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      I'm an American and I'm quite afraid of what the authorities would do if I were to post about certain things. I'd tell you more but I don't have Tor running. Realistically, I'm not sure that even Tor is enough, just how many people in rural East Texas are using Tor? With a couple of warrants, I'm sure they could figure it out. So I just keep my mouth shut.

      I will give you a hint though... http://en.wikipedia.org/wiki/Rush_(1991_film)

      And yes, this time, I really am an Anonymous Coward.

    14. Re:Anonomity should not be required by NormalVisual · · Score: 1

      I agree that if he did the work himself and found out that is one thing, but how many here actually believe he did that? Nope, me neither.

      I don't either, but that doesn't mean it's valid to just assume he used government resources to find out. Who's to say he didn't ask a IT-knowledgeable family member/friend/business associate? Or maybe just engaged a PI? Just because you doubt he'd use his own money doesn't mean he didn't - lots of powerful people exercise that power through the use of their own resources.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    15. Re:Anonomity should not be required by enjid · · Score: 1

      I'm disturbed that an American would feel that they should have to be anonymous to post political speech. There should be no threat of reprisal whatsoever; in fact the politicians should be the ones who are worried about what the electorate thinks of them.

      there is no government reprisal, but a social reprisal that people fear most. most in america were taught to chastise those that don't have similar cultural, religious, or political views as ourselves.

    16. Re:Anonomity should not be required by LenE · · Score: 1, Troll

      In case you missed it, there were these "town meetings" things held by McCain during the election where nice folk(whom I would personally term rabid) were screaming things like "Kill him!" about the senator's opponent. Remember that?

      Yeah, I remember that, because it supposedly happened in my home state. Unfortunately, it was a complete fabrication by the reporter who ascribed the comment to the anonymous crowd. This defaming lie was discovered a few days later and then not discussed again, because it had done its damage and was only useful as a dodge or diversion from serious questions about Obama's past affiliations and his suitability to lead the country.

      I don't have any familiarity with "Mudflats" but I suspect her actions were in the same vein as the reporter who fabricated the "kill him!" story. Politics is ugly, and use of anonymity to defame should have no place.

      When you have got those kinds of nutballs running around wouldn't YOU not want them to know where you live if you were writing about their precious leader? I know I would.

      And it is a good thing that they didn't exist, except in the minds of the paranoid and bigoted who just know what kind of people republicans or conservatives are.

      I think there should be an IMMEDIATE investigation. Not because he outed the blogger, but because i can't picture a rep doing the work required to find this out on his own, and I doubt very seriously he paid out of his own pocket to have it done. That makes it a misuse of government resources and an abuse of power. if he did abuse his power and privilege to get the identity of this blogger, then bust his ass. Because the last thing we need right now is politicians using their power to go after one of the last places we still have free speech. I agree that if he did the work himself and found out that is one thing, but how many here actually believe he did that? Nope, me neither.

      I'm sure that's how Joe the Plumber feels. Wait a second, he was real, and people did abuse their power to go after him for publicly daring to ask Obama a serious and real question, using his own name! If I remember correctly, people were accusing him of using a pseudonym, because his middle name, not his first name, is Joe, and that he didn't have a plumber's license, so how could he be a plumber. Nevermind that he asked the first pertinent question that our current President had faced for at least the two weeks prior to that event. Destroy him!

      Nothing to see here, move along...

      -- Len

    17. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      I'm disturbed that an American would feel that they should have to be anonymous to post political speech.

      Well, it could be one of two reasons.
      1) He/she/it wants you to read the message, not the messenger. A democrat posting about a Republican is automatically dismissed.
      2) He/she/it wants to live longer than it takes for the nearest rabid anti-whatever to find them and "shut their mouth".
      You have to admit, in the last election, people on BOTH sides of the fence were acting a little questionable. I know I wouldn't want some violent McCain supporter to try to teach me the error of his ways.

    18. Re:Anonomity should not be required by Daniel+Dvorkin · · Score: 4, Informative

      Unfortunately, it was a complete fabrication by the reporter who ascribed the comment to the anonymous crowd.

      No it wasn't. The "Kill him!" is clearly audible at thirteen seconds into the video.

      Jackass.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    19. Re:Anonomity should not be required by Tenebrousedge · · Score: 1

      You must have failed your US History courses.

      http://en.wikipedia.org/wiki/Federalist_Papers

      Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

      That would be a US Supreme Court ruling; they have consistently upheld the right to anonymous free speech. In an ideal world, it may not be necessary. We don't live in an ideal world. Free speech needs to be protected, and anonymous free speech as part of that.

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    20. Re:Anonomity should not be required by Anonymusing · · Score: 3, Funny

      Unfortunately, people are idiots

      So you're saying kids are idiots? Think of the children! Why do you hate them? Are you a pedophile?

      --
      Liberal? Conservative? Compare perspectives at Left-Right
    21. Re:Anonomity should not be required by hab136 · · Score: 1

      Unfortunately, people are idiots, ad hominem attacks do work, and "Think of the children! Why do you hate children? Are you a pedophile?" frequently does more to discount your argument to a crowd than any logical, well debated argument.

      http://en.wikipedia.org/wiki/Modes_of_persuasion

      "Ethos is an appeal to the authority or honesty of the speaker. It is how well the speaker convinces the audience that he or she is qualified to speak on the particular subject."

      Obviously the reverse is true - convince the audience that the speaker is unauthoritative and/or untrustworthy, and they probably won't listen.

      If Charles Manson solved cold fusion tomorrow, nobody would listen to him, regardless of whether it works or not.

      Unfortunately many people today (as always) gauge speakers in terms of how their favorite speaker gauges the other speaker. "My favorite pastor/politician/stockbroker/rapper said $otherguy is good/bad, therefore I will/won't listen to him". To do otherwise would be to disagree with someone you've been agreeing with - and if you question their latest decision, it opens the door to questioning their previous decisions (and your decision to follow those decisions). Most people don't like questioning; they just want to do the right/best/awesome thing. To do that, they first need someone to tell them what's right.

    22. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      "Yeah, I remember that, because it supposedly happened in my home state. Unfortunately, it was a complete fabrication by the reporter who ascribed the comment to the anonymous crowd."

      You could be right. I didn't personally hear the "Kill him!" comment in any media clips. But it isn't as if that one purported comment matters. I did hear some absolutely horrible comments that bordered on the same thing, and that were *way* over the line -- comments that were so offensive that McCain himself spoke up and rebuked the speakers as politely as he could. It was greatly to his credit that McCain did that, but pathetic that he had to.

      The poster's original comment stands. McCain I would trust, but I wouldn't want some of those people in the audience to know where I lived or who I was if I chose to disagree with them. There were a lot of loud-mouthed nutjobs present at McCain's presentations. The spite and anger in their comments would be enough to scare many people into using anonymity to speak.

    23. Re:Anonomity should not be required by dbIII · · Score: 2, Insightful

      Yes, but a frequent trick that should have been abandoned in the playground is to slur the reputation of your opponent when it has absolutely nothing to do with the topic or even your opponents honesty. Nobody is immune because arguments can be fabricated or innuendo used. One very effective example was a radio debate between a US housewife and an English doctor with impressive qualifications and a recently completed study into the vaccination of over a million children - the housewife simply implied that he had been bribed by drug companies an won the debate. It isn't exactly a sign of civilisation guys - it's just barbarians shouting at the moon to see who is loudest.

    24. Re:Anonomity should not be required by east+coast · · Score: 2, Insightful

      I think there should be an IMMEDIATE investigation. Not because he outed the blogger, but because i can't picture a rep doing the work required to find this out on his own, and I doubt very seriously he paid out of his own pocket to have it done.

      So he has to prove himself innocent to satisfy you why?

      Odd how many people throw around legal this and that and suddenly think *they* are in the position to demand proof from others on any subject. Sorry, unless this guy is caught red-handed he doesn't have to prove anything to you nor anyone else. How would you feel if the feds burst into your home tonight and told you that you had to prove yourself innocent of any number of charges simply because "someone" out there thought you were guilty of some wrong doing?

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    25. Re:Anonomity should not be required by tomhath · · Score: 1

      I listened to it several times. I suppose if you want to hear "Kill him" you could make it that, but what I heard was McCain ask "Who is the real Barack Obama?", and in response the person yelled "Tell us!".

    26. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      That is pretty scary, those rabid folks are almost as bad as those calling in death threats and other violent acts towards AIG employees.

    27. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      I listened to it several times. I suppose if you want to hear "Kill him" you could make it that, but what I heard was McCain ask "Who is the real Barack Obama?", and in response the person yelled "Tell us!".

      Watch the look on McCain's face. That's not the look of someone who just heard "tell us!" shouted in response to his rhetorical question. Add that to the fact that someone who was actually there says that the person yelled "kill him", and personally I'm inclined to go with the "kill him" version of events.

    28. Re:Anonomity should not be required by Anonymous Coward · · Score: 1, Informative

      This is a lie spread by partisans as part of their bag of dirty tricks. It never happened. The Secret Service investigated and found no basis for the allegation.

      You're thinking of the case where someone shouted "kill him" in response to Sarah Palin, who was actually talking about Ayers, not Obama. The Secret Service investigated and determined that Obama was not threatened by the person in the audience.

      However, the previous poster was referring to the time that someone in the audience yelled "kill him" while McCain was speaking. The video is all over the web, and if you watch it it's clear that something unpleasant was yelled (watch McCain's reaction — he clearly wasn't expecting that response), although it's hard to tell exactly what the person yelled. Some have suggested it was actually "terrorist".

      I can understand how you got the two situations mixed up. It's hard to keep up with all the examples of unruly idiots at Republican rallies.

    29. Re:Anonomity should not be required by tomhath · · Score: 1

      I don't see anything in McCain's response either. He was joking at first, this is the transition to a more serious part of his speech so he stops smiling while he waits for the crowd to quiet down. In other words: Nothing to see here, move on.

    30. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      >Jackass.

      Wow, you showed him..

    31. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      So you're saying kids are idiots? Think of the children! Why do you hate them? Are you a pedophile?

      Of course not, pedophiles love children!

    32. Re:Anonomity should not be required by Calithulu · · Score: 2, Interesting

      I watched that video, and listened to that audio. Bear in mind that I don't particularly care for either 'big' party and only vote my conscience.

      However, the term is pretty clearly "Kill him!". I wish it wasn't, but that is exactly what I heard when I listened to it just now. I didn't want to hear it, and I really didn't hear anything like "Tell us" or "You'll win!".

      Charitably, the term "Kill" in a competition (and the Gods know our elections are popularity competitions) usually just means something along the lines of "Win this election" or "Defeat him". Since I prefer to believe that the people at that rally are not actively out to get one of the other presidential candidates, I think that is what the comment meant, and nothing more.

    33. Re:Anonomity should not be required by msouth · · Score: 1

      people are idiots

      ad hominem

      --
      Liberty uber alles.
    34. Re:Anonomity should not be required by devilspgd · · Score: 1

      So he has to prove himself innocent to satisfy you why?

      He doesn't have to prove where the money came from, although proving it didn't come from public funds isn't an unreasonable request from a member of the public.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    35. Re:Anonomity should not be required by Bigjeff5 · · Score: 1

      Er, you read the part about them both being Dems, right?

      When it says "Rep. Mike Doogan", it means "Representative Mike Doogan", not "Republican Mike Doogan". Usually on T.V. they put a (D) or (R) at the end of the name to help folk like you who can't read goodly enough to unnerstand such thins even tho dey are writ down in da very same set'nce.

      The fact is, the anonymous reporter has absolutely no right to anonymity. She has the right to POST (publish, speak, etc.) anonymously, but there is no guaranteed protection of her identity beyond what she is able to provide for herself.

      What those cases of journalists protecting their anonymous sources proved a few years back was not a right of anonymity of an individual, but rather the lack of the government's right to force someone to reveal an anonymous source. It's a little different, but if you are able to determine a source's identity without forcing the information out of a journalist (or forcing it out of any private citizen, for that matter) beyond what can legally be requested, then it is perfectly legal for the government or anybody else to "oust" them.

      Same thing with posting, speaking, or publishing anonymously. It is up to the individual to protect their own identity, and if they can't get enough assistance to adequately protect themselves from being outed, and a potentially ruined or damaged career (probably the latter in this case, she attacked a well liked member of her own party after all), perhaps the individual should think twice before doing so?

      The only real question here, is whether or not Mike Doogan used State resources to settle a personal matter. That is (potentially) an abuse of power which could get him kicked out of office. Personally, I would be very careful about how I did something like that, but who knows what politicians think when they have a bit of power and a few resources at their disposal.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    36. Re:Anonomity should not be required by LenE · · Score: 1

      I don't know if it was a compliment or an insult. Not that I or anyone else with basic video editing skills couldn't insert the audio of someone yelling "Kill Him!" after the fact.

      I prefer to look at facts like what the Secret Service investigation found, rather than a questionably sourced video. I guess that makes me a troll to those that find the truth inconvenient.

      -- Len

    37. Re:Anonomity should not be required by cbiltcliffe · · Score: 1

      Which in this case, is directly related to the argument at hand.

      People are idiots, therefore ad hominem attacks work.

      If people weren't idiots, they wouldn't work.

      This isn't "You're wrong because you're an idiot." It's "You're gullible because you're an idiot."

      Completely different.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    38. Re:Anonomity should not be required by Anonymous Coward · · Score: 0

      yes, facts, like the fact that the story in your link clearly states "while congressional candidate Chris Hackett was addressing the crowd" meaning it has nothing to do with the posted video which was of McCain addressing the crowd.

      I guess that makes you a troll, jackass.

    39. Re:Anonomity should not be required by fnj · · Score: 1

      You can dig up all the unintelligible audio you want, but the simple fact is that there is no case the Secret Service determined to be threatening. I'll take the truth as determined by the Secret Service over some zealot's interpretation of crappy youtube audio any day, thank you.

      I can understand how you got carried away. It's hard to keep up with all the examples of leftist kook accusations.

    40. Re:Anonomity should not be required by east+coast · · Score: 1

      although proving it didn't come from public funds isn't an unreasonable request from a member of the public.

      In this age of so-called transparency I would still say that the weight of this lays on those who question it. I would agree that the money he touches in the name of his office should be open to the citizen to scrutenize but that's as far as it goes unless someone does eye it up and show that there are inconsistencies.

      Now, can this be done today? I'm not 100% sure. If it can't than it's a call for the citizens to demand access to these figures. If it can be done than let whomever wants to examine it.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    41. Re:Anonomity should not be required by Arterion · · Score: 1

      Though if the gay journalist is spouting out something homophobic, I think that bears revelation to the masses. Not as an ad hominem, but just because I think that kind if irony (which isn't uncommon) make whatever they've written suspect.

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    42. Re:Anonomity should not be required by dbIII · · Score: 1
      There's been so many instances that I can't remember what the journalists that were presumed to be gay were talking about - but it had nothing to do with their choice. It really was just put in there as an insult and to belittle the messenger.

      The "don't listen to him he's Canadian" was a bizzare touch when one of the Karl Rove scandals was being reported.

    43. Re:Anonomity should not be required by hab136 · · Score: 1

      a frequent trick that should have been abandoned in the playground

      Why would debaters abandon it? It works.

      It isn't exactly a sign of civilisation guys - it's just barbarians shouting at the moon to see who is loudest.

      I think the problem isn't that people are using it - it's that it works.

      We need to encourage logical and critical thinking, both of which are sorely lacking in most of population. When name-calling stops being effective, it will stop being used.

      Good luck with that, most humans aren't terribly smart.

    44. Re:Anonomity should not be required by Uberbah · · Score: 1

      I can understand how you got carried away. It's hard to keep up with all the examples of leftist kook accusations.

      Suck it wingnut. Suck it long, suck it hard:

      US Attorney Troy Eid files charges against a prisoner for threatening McCain in a letter, prisoner faces an additional five year sentence.

      US Attorney Troy Eid says of meth addicts found with guns, bulletproof vests who threatened to kill Obama:

      "The law recognizes a difference between a true threat -- one that can be carried out -- and the reported racist rantings of a drug addict," U.S. Attorney Troy Eid said.

      He said the men's plans were "more aspirational, perhaps, than operational."

      The three have been charged with drug and weapons offenses but not with threatening to assassinate Obama or with other national-security-related crimes.

    45. Re:Anonomity should not be required by dbIII · · Score: 1

      Why would debaters abandon it?

      To be blunt it is f'ing childish and can be taken as a sign that the debater has nothing better to do than character assassination.

      When you have a place where it is a very effective tactic and both sides of an argument use it then it is easy to stop progress with just a few insults and nothing is done. Be prepared to take second place to better educated neighbours overseas. Do you see now what I mean about it just being a contest about Barbarians shouting at the moon once it gets to be that ridiculous? Your Barbarians may wear suits but they have no idea how they are made or really much of anything apart from how to get drunk with other Barbarians, steal shiny things, or threaten people to try to make them work harder. In that environment playground tactics may work, but try convincing your doctor, engineer, scientist, educated clergy etc with those methods and they will just look at you with pity.

    46. Re:Anonomity should not be required by hab136 · · Score: 1

      Why would debaters abandon it?

      To be blunt it is f'ing childish and can be taken as a sign that the debater has nothing better to do than character assassination.

      Indeed it is, but most people will miss that and concentrate on the attack itself. Again: if it is effective, it will be used.

      Be prepared to take second place to better educated neighbours overseas.

      Ad hominem attacks are used worldwide.

      try convincing your doctor, engineer, scientist, educated clergy etc with those methods and they will just look at you with pity.

      Doctors, engineers, scientists, and educated clergy have been fired and/or discredited by things unrelated to their expertise. Common topics are religious beliefs, sexual orientation, political views, etc. Humans are humans.

  5. Yes, and yes by iminplaya · · Score: 1

    Everybody has a right to post anonymously, not just Americans. But if somebody finds out...ooops, too bad. They too have a right to post that info. They don't a right to force anybody to reveal it though.

    --
    What?
  6. Were they using govt resources to find the ident? by Anonymous Coward · · Score: 0

    If not, I don't see what the problem was. If they have the FBI looking into it, that's not good.

  7. And here I was... by davidphogan74 · · Score: 1

    I thought this would be about an anonymous blogger outing a politician.

  8. If you're gonna say it..... by i_want_you_to_throw_ · · Score: 0, Flamebait

    stand behind it.....pussies. /. included.

    1. Re:If you're gonna say it..... by Faylone · · Score: 1

      Could I have your real name to back that up?

  9. This is kind of stupid. by rindeee · · Score: 4, Insightful

    He discovered her identity fair and square. Would you propose that one must pretend not to know who someone behind a publication is based on some arbitrary set of circumstances. "Pay no attention to the man behind the curtain" and whatnot.

    1. Re:This is kind of stupid. by Jane+Q.+Public · · Score: 1

      Did he? You do not know that. Did he use government agencies or tools to discover information that is non-public? If the latter, he stepped over the line and I believe is subject to suit.

    2. Re:This is kind of stupid. by Anonymous Coward · · Score: 0

      He discovered her identity fair and square. Would you propose that one must pretend not to know who someone behind a publication is based on some arbitrary set of circumstances.

      I would propose that one must not disclose who someone behind a publication is based on some arbitrary set of circumstances.
      Those arbitrary circumstances being that a reasonable person would know that the disclosure would cause harm.
      I'd even go further and say that the anonymous person should be able to obtain an injunction against the disclosure if they can prove to a Judge that the disclosure would cause harm.

    3. Re:This is kind of stupid. by grcumb · · Score: 2, Insightful

      He discovered her identity fair and square. Would you propose that one must pretend not to know who someone behind a publication is based on some arbitrary set of circumstances. "Pay no attention to the man behind the curtain" and whatnot.

      That's not the issue. What's being questioned here is what purpose is served by sharing that knowledge with a few thousand of his closest friends via his political mailing list.

      It's not so much that he's broken any laws that sticks on my craw, it's the fact that he felt it necessary to expose a critic (from within his own party, no less) to ad hominem attack. He could have engaged constructively with the ideas themselves, but instead he felt it necessary to spend all his time and effort simply putting a name to the words.

      As an ex-journalist, Doogan should have shown a little more respect to the long history in the US of anonymous political speech, dating from the Federalist Papers. Disagree with what they're saying? No problem; let's engage on the ideas. I can respect that.

      But when he spends all his time and effort publicly identifying and attacking the person, Doogan loses whatever respect I might have been willing to give him.

      What he's done is not necessarily illegal. It's just petty and disrespectful.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    4. Re:This is kind of stupid. by dcollins · · Score: 1

      He discovered her identity fair and square.

      No, we don't know how he discovered her identity one way or the other. That's the glaring omission in this story, apparently no one's so much as thought to ask the congressman, and all of this hand-wringing is really beside the point until we find out.

      When and if the exact mechanism is revealed, I'm calling it an easy bet that it will turn out to be an abuse of government power (judging from some small personal experience).

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
  10. Anonymity by actionbastard · · Score: 3, Insightful

    Is not a pre-requisite to freedom of speech. Whether you chose to shout your comments from the gallery or in front of a microphone, the right to express one's opinion -on any subject- should not be subject to persecution by any person. That is why it is the first amendment to the U.S. Constitution. To the citizens of the burgeoning republic, there was nothing more important than the right to speak freely and without retribution.

    --
    Sig this!
    1. Re:Anonymity by nedlohs · · Score: 2

      If there was nothing more important, why would it be in the first amendment, instead of in, say, the original constitution itself?

    2. Re:Anonymity by Anonymous Coward · · Score: 0

      Because the first 10 "amendments" are practically part of the original document besides a few technicalities (http://www.usconstitution.net/constamnotes.html). Enjoy the read.

    3. Re:Anonymity by khallow · · Score: 1
      From the link:

      As noted on the Constitutional Convention Topic Page, several delegates to the convention refused to sign the newly drafted constitution because it did not include a bill of rights

      It's worth noting here that the first ten amendments have an unusual prominence because they were a condition of approving the Constitution in the first place.

    4. Re:Anonymity by Anonymous Coward · · Score: 0

      Because the constitution itself is focused solely on the structure of the government. The first 10 amendments might as well be considered as the original constitution considering a majority of states would have refused to ratify the constitution without them, and they were passed concurrently by some states.

    5. Re:Anonymity by NormalVisual · · Score: 1

      the right to express one's opinion -on any subject- should not be subject to persecution by any person. That is why it is the first amendment to the U.S. Constitution.

      No, that only applies to the *government* persecuting you for your speech. The Constitution doesn't bind citizens and businesses as it does the government, and it certainly is not a "get out of jail, free" card to avoid the consequences of one's speech. If I have an employee that continually badmouths me anonymously, and I find out who it is, I have every right in the world to can him, and to pursue legal action if the speech is defamatory.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    6. Re:Anonymity by Naked+Pirate · · Score: 1

      That is why it is the first amendment to the U.S. Constitution. To the citizens of the burgeoning republic, there was nothing more important than the right to speak freely and without retribution.

      While I also like the idea that free speech is in the first amendment because of its importance, unfortunately the first amendment wasn't the first proposed amendment to the Constitution, it was the third. The first proposed amendment dealt with how representatives were supposed to be apportioned after each census (technically its still pending). The second proposed amendment actually became the 27th amendment in 1992 and prohibits congress from giving themselves pay-raises which take effect before the next election cycle.

      While the states did pass the Bill of Rights first, Congress didn't propose them in that order.

    7. Re:Anonymity by vihung · · Score: 1

      First, true. But AMENDMENT, also

      That, to me, seems more important. They had to change the constitution to add this one in. They did not think it important enough to include in the original constitution

    8. Re:Anonymity by nine-times · · Score: 1

      Whether you chose to shout your comments from the gallery or in front of a microphone, the right to express one's opinion -on any subject- should not be subject to persecution by any person. That is why it is the first amendment to the U.S. Constitution.

      No, the first amendment does *not* prohibit your expressions from having negative consequences for you. It simply says that the government cannot make laws which inhibit your right to speak or associate with whoever you choose.

      Private persons can absolutely retaliate against you for what you say, so long as their retaliation is itself legal.

    9. Re:Anonymity by servognome · · Score: 1

      Whether you chose to shout your comments from the gallery or in front of a microphone, the right to express one's opinion -on any subject- should not be subject to persecution by any person. That is why it is the first amendment to the U.S. Constitution. To the citizens of the burgeoning republic, there was nothing more important than the right to speak freely and without retribution.

      The protection of the first amendment is to prevent persecution by the government.
      In fact the first amendment allows a certain level of "persecution" by protecting free speech (counter arguments, satire, protest) and freedom of association (not associate with those you disagree with)

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    10. Re:Anonymity by Anonymous Coward · · Score: 0

      First, true. But AMENDMENT, also

      That, to me, seems more important. They had to change the constitution to add this one in. They did not think it important enough to include in the original constitution

      Prior to the introduction of the Bill of Rights (aka the first 10 amendments) there were no specific rights included in the Constitution. When it was decided that rights should be detailed, this one was the first.

    11. Re:Anonymity by bware · · Score: 1

      the right to express one's opinion -on any subject- should not be subject to persecution by any person. That is why it is the first amendment to the U.S. Constitution.

      The first amendment says "Congress shall make no law [...] abridging the freedom of speech". It says nothing about "any person", or about prohibiting one from getting fired from one's non-government job for expressing one's opinion on any subject. So anonymity seems fairly important to me, as it did to the Founding Fathers who made extensive use of it, the cowards.

  11. What right? by Anonymous Coward · · Score: 0

    I was unaware people had a right to anonymously make public statements.

    1. Re:What right? by Meski · · Score: 1

      What is anonymity?

    2. Re:What right? by Jane+Q.+Public · · Score: 1

      That depends on who you are. Send me your name and address, and I will send you a full explanation.

  12. But with the wrong last name... by B1oodAnge1 · · Score: 1

    How is it even breaching her privacy if the last name was wrong?

    Seems more like he attempted to out her to me.

    --
    RUGBYRUGBYRUGBY
    1. Re:But with the wrong last name... by AK+Marc · · Score: 1

      He gave her last name as she signed it once in the local newspaper on an editorial. I'm not sure the story on why she used two last names and claims the one she used in the newspaper isn't hers, but he wasn't "wrong" in identifying the person, but inaccurate in which last name to give the fully-identified person.

  13. Security through obscurity by Norsefire · · Score: 1

    Isn't that what blogging anonymously is?

  14. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  15. ahem by thatskinnyguy · · Score: 3, Insightful

    Does an American have the right to post political opinion online anonymously?

    Yes. And anywhere else for that matter.

    May a government official breach that anonymity absent a compelling state interest?

    No. See The Constitutional Amendment #1. Yes, that old thing is still kicking around these days.

    --
    The game.
    1. Re:ahem by Anonymous Coward · · Score: 0

      It won't be for long if Obama, Pelosi, and Reid have their way.

    2. Re:ahem by Anonymous Coward · · Score: 0

      May a government official breach that anonymity absent a compelling state interest?

      No. See The Constitutional Amendment #1. Yes, that old thing is still kicking around these days.

      Depends how they found out. Using government resources to find out the identity is not cool -- if not immoral and illegal than surely a pathetic way to spend taxpayer money. If somebody on the street stopped them and said "Hey, Bob's the blogger" and they repeat that, I don't see a problem with that.

    3. Re:ahem by ContractualObligatio · · Score: 3, Insightful

      Rather than simple assertions and "that old thing" wisecracks, perhaps you should explain how the right to free speech means that, in this case, Doogan has no right to free speech?

    4. Re:ahem by Anonymous Coward · · Score: 0

      > No. See The Constitutional Amendment #1. Yes, that old thing is still kicking around these days.

      Is this humor? There's nothing in amendment one guaranteeing anonymity.

    5. Re:ahem by gmhowell · · Score: 1

      The SCOTUS disagrees with you, fortunately.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    6. Re:ahem by Anonymous Coward · · Score: 0

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      Where?

    7. Re:ahem by thatskinnyguy · · Score: 1

      Agent of The Man abusing his power. Still isn't right.

      --
      The game.
    8. Re:ahem by Anonymous Coward · · Score: 0

      Where?

    9. Re:ahem by Alascom · · Score: 1

      "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

      Sorry, but nowhere in the First Amendment is there a right to blog anonymously, or even have any sort of anonymous speech.
      Seems parent needs to re-read Constitutional Amendment #1.

    10. Re:ahem by Anonymous Coward · · Score: 0

      US Government can not make an abridgment of free speech. However, that there is nothing there about protection for anonymous speakers not to be found out by the government.

      The US Gov just can't take that information and use it as a reason to harm the individual.

      Can the government find out an anonymous posters comments and out them?
        Yes.

      Can the government take life, liberty, or property from the individual based on that speech?
        Only if its cause is to incite riots or something as egregious.

    11. Re:ahem by gmhowell · · Score: 1

      Sorry to blatantly ripoff something (this grabbed from discussion on DailyKos. Saw similar citations elsewhere) but I'm almost off from 'work':

      "In fact, the Supreme Court of the United States has even waded into this territory, remarking that "under our Constitution, anonymous pamphleteering is not a pernicious, fradulent practice, but an honorable tradition of advocacy and dissent." The SCotUS has confronted this issue multiple times: Reno v. ACLU, 521 U.S. 844 (1997); NAACP v. Alabama, 357 U.S. 449 (1958); Lovell v. Griffin, 303 U.S. 444 (1938); Talley v. California 362 U.S. 60 (1960).

      However, none are more important than McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995), where Justice John Paul Stevens wrote that "an author's decision to remain anonymous, like other decisions concerning additions or omissions to the content of the publication, is an aspect of the freedom of speech protected by the First Amendment." In a concurring decision, Justice Clarence Thomas wrote "we should determine whether the phrase âfreedom of speech, or of the press,â(TM) as originally understood, protected anonymous political leafleting. I believe that it did." Please note that, in this same decision, Justice Stevens also said that anonymous speech protects "unpopular individuals from retaliation --and their ideas from suppression--at the hand of an intolerant society."

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    12. Re:ahem by Anonymous Coward · · Score: 0

      No, it doesn't. (And for the record, I'm a different AC.)

      The GP said that there's nothing in the 1st amendment that guarantees anonymity, and that's correct. Anonymous speech is protected just like non-anomymous speech, and the SCOTUS has confirmed that, which is probably what you're getting at, but if your anonymity is "broken" somehow and your identity found out or published, that's not a violation of the constitution.

    13. Re:ahem by Anonymous Coward · · Score: 0

      "It almost wasn't for long if Bush, Cheney, and Rumsfeld had their way."

      There, fixed that for you.

    14. Re:ahem by BitZtream · · Score: 0, Troll

      You need to read the amendments again and stop trying to warp them to what you want them to say.

      The first amendment doesn't say shit about anonymous free speech. You shouldn't have brought it up in your post as you imply the constitution provides the right to anonymous free speech in the first admendment, which it does no such thing.

      Dear Mr thatskinnyguy (wanna be politician),
      Please do not try to use the constitution is some bullshit way here on slashdot, we'll call you on it quicker than you can moderate. We have actual politicians running the country who are feeding us enough bullshit and ignorance about the constitution. Your ignorance is unneeded and unwelcome.

      Thank You.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    15. Re:ahem by neomunk · · Score: 1

      And you're BOTH FUCKING RIGHT! Now stop arguing about stupid shit and get people to realize that Jack Johnson and John Jackson go eat and laugh it up at the same fundraising dinners after they pretend to hate each other on TV.

      Your (our, as I'm here too) country is "represented" by people who've been bought by the biggest industries. "Both" (as if there can be only 2) parties. Until we end THAT, all other political bickering is moot.

    16. Re:ahem by moeinvt · · Score: 1

      Apologies to the other readers for posting this ad-nauseum, but it's a critical point, and it seems that a whole generation of U.S. citizens are oblivious to this concept.

      "Sorry, but nowhere in the First Amendment is there a right to blog anonymously, or even have any sort of anonymous speech."

      Sorry, but nowhere in The Constitution does it explicitly grant the government power to regulate or prevent anonymous Free Speech. Now go read Amendment #9.

      The beauty of our Constitution is that We, The People don't NEED some written law "granting" us specific liberties or giving us "permission" to engage in certain activities. A liberty that is "granted" can be taken away. We have complete Freedom, and the GOVERNMENT is empowered to regulate our activities only in accordance with the powers granted to it under The Constitution.

    17. Re:ahem by Anonymous Coward · · Score: 0

      Because he is not a person. He is government. He has power and people(me or you or mudflats), need to be protected from him. Not the other way around.

    18. Re:ahem by Anonymous Coward · · Score: 0

      "That old thing" has absolutely nothing to do with anonymity.

  16. A what? by zappepcs · · Score: 4, Insightful

    Just exactly who is going to decide what "... a compelling state interest" is?

    Let me guess? The same people that will charge you with treason or terrorism?

    Yes, I think anonymous speech should be protected... until it become defamation or slander. Both are pretty difficult slopes to tread when the figure being defamed or slandered is a public figure. On another note, a political figure is both public and a part of the government. They have even less right to any privacy regarding their lives than probably anyone else. Despite the allure of any resulting tapes, Pamela Anderson has a right to expect privacy... no matter who she is fucking. A political leader... not so much.

    1. Re:A what? by Anonymous Coward · · Score: 0

      Yes, I think anonymous speech should be protected... until it become defamation or slander.

      "Outing" an anonymous commentator is neither defamation nor slander. It's just pointing at someone and saying their name. Therefore, by your own statement, such speech should be protected.

    2. Re:A what? by zappepcs · · Score: 1

      I'm going to assume that you do understand the irony of posting what you did as AC.

    3. Re:A what? by Anonymous Coward · · Score: 0

      I think anonymous speech should be protected... until it become defamation or slander.

      Why should speech no longer be free when it is defamation or slander? Defamation is not a problem - it's when people unquestioningly believe some anonymous source that it becomes a problem. Make belief of defamation a crime.

      Rights, like free speech, should be absolute, lest they slip away by inches.

    4. Re:A what? by Anonymous Coward · · Score: 0

      What if a political leader fucked Pamela Anderson..

      Would she still expect privacy?

      And what if Pam was the one that did the fucking and not the other way around? :)

    5. Re:A what? by MrHim · · Score: 1

      Just exactly who is going to decide what "... a compelling state interest" is?

      A court (the legislative branch).

      Let me guess? The same people that will charge you with treason or terrorism?

      Nope. That'd be a prosecutor (acting under the authority of the executive branch).

    6. Re:A what? by Anonymous Coward · · Score: 0

      That's the problem with politicians. They're easy to label the public as THEIR "CONSTITUENTS", while in fact the public is THEIR EMPLOYER. Well, that and the corporations who bribe them errr donate to them.

    7. Re:A what? by Anonymous+Brave+Guy · · Score: 1

      Defamation is not a problem

      If words were not powerful enough for defamation to be a problem, then there would be no point in protecting freedom of speech in the first place.

      Rights, like free speech, should be absolute, lest they slip away by inches.

      The trouble with that argument is that rights that we might consider individually valuable can come into conflict.

      Anonymous speech vs. integrity of reputation is a good example of this. Indeed, while people in these discussions are often quick to cite the First Amendment to the US Constitution, it is remarkable how few remember the Sixth. Neither, as written, seems to apply directly in this case, but if you look at the spirit of the law rather than the letter, there is a fundamental conflict.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    8. Re:A what? by bwcbwc · · Score: 1

      Just exactly who is going to decide what "... a compelling state interest" is?
      It used to be Dick Cheney. I don't think the Obama administration has gotten around to making that appointment yet.

      --
      We are the 198 proof..
  17. Of course they have 'the right'... by Animaether · · Score: 4, Insightful

    Of course they have 'the right' to protect their secrets - as in this case, their identity. However, do they have a legal leg to stand on in trying to fight somebody who has made that secret public? I'd say they don't.

    So, yes, anybody - politician or otherwise - should be perfectly allowed to blow somebody's 'anonymity' if there was no agreement between the two parties to maintain that anonymity (as in some court proceedings, witness protection program, etc. etc.).

    1. Re:Of course they have 'the right'... by pem · · Score: 1, Interesting

      So it's OK for my waiter to post my credit card details on the internet?

    2. Re:Of course they have 'the right'... by johnsonav · · Score: 2, Interesting

      No. But if he wanted to put your name online, he could. Because that's all we're talking about, not credit card numbers. You're name isn't some form of privileged information.

      --
      ... and that's when the C.H.U.D.'s came at me.
    3. Re:Of course they have 'the right'... by pem · · Score: 2, Insightful

      You didn't read the parent to my post very carefully, then. He was referring to a lot more than just my name.

    4. Re:Of course they have 'the right'... by johnsonav · · Score: 3, Informative

      You didn't read the parent to my post very carefully, then. He was referring to a lot more than just my name.

      Seems like you didn't read it very carefully.

      Of course they have 'the right' to protect their secrets - as in this case, their identity.

      and...

      So, yes, anybody - politician or otherwise - should be perfectly allowed to blow somebody's 'anonymity' if there was no agreement between the two parties to maintain that anonymity (as in some court proceedings, witness protection program, etc. etc.).

      I'm pretty sure there's a contractual agreement between the credit card company and the restaurant, which is set up to protect customers' credit card numbers. So, in that case, the waiter couldn't post your credit card number online. But, if he happened to know your name was Bob Jones (and he didn't get that information from your card), he could post your name and the fact that you eat there.

      --
      ... and that's when the C.H.U.D.'s came at me.
    5. Re:Of course they have 'the right'... by owski · · Score: 3, Informative

      Merchant account contracts include provisions on keeping card numbers secret. So, no.

    6. Re:Of course they have 'the right'... by Anonymous Coward · · Score: 1, Interesting

      IANAL but there is an aspect of the law that protects secrecy: trade secrets. I assume that if this blogger makes money with blogging *and* can argue that anonimity was one of the reasons for making money *and* can show that did everything to protect that secret, then yes the law would protect this secrecy.

    7. Re:Of course they have 'the right'... by Yvanhoe · · Score: 2, Interesting

      That's why we need to begin to care for the trust metrics along all the chain of people who could blow our privacy : ISPs, web hosts, Echelon-guy, Google, the Firefox team...

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    8. Re:Of course they have 'the right'... by kandela · · Score: 2, Interesting

      So, if you find out a secret that someone is making money off, you can't tell anyone by law? That seems ridiculous. Surely, you are only obliged to keep someone's secret if they have entrusted you with it in some way. If you've discovered it yourself then it's your decision.

      --
      Conservation of angular momentum makes the world go round.
    9. Re:Of course they have 'the right'... by rhsanborn · · Score: 2, Informative

      IANAL as well, but I believe that law protects a company from being forced to divulge trade secrets and allows them to impose contract obligations on people who know that secret (employees). I don't believe it is a blanket statement that says anything someone wants to keep secret is protected by law. That is to say, unless you have a contract or agreement protecting that secret the responsibility is on the keeper of the secret to keep it...well...secret.

    10. Re:Of course they have 'the right'... by Dun+Malg · · Score: 2, Informative

      So, if you find out a secret that someone is making money off, you can't tell anyone by law? That seems ridiculous. Surely, you are only obliged to keep someone's secret if they have entrusted you with it in some way. If you've discovered it yourself then it's your decision.

      Indeed, Trade Secret law is a way of punishing the crap out of you if you release information you have been entrusted with. The person you tell it to (e.g. a business competitor) is free to use the information however they like.

      --
      If a job's not worth doing, it's not worth doing right.
    11. Re:Of course they have 'the right'... by pem · · Score: 2, Informative
      OK, partly my bad -- I meant parent's parent's post:

      So does you proclamation apply to whisle blowers, people in witness protection, confidential documents, your SSN, trade secrets, etc.

      People have a perfect right to protect their secrets, otherwise they wouldn't be secrets.

      Of course they have 'the right' to protect their secrets - as in this case, their identity. However, do they have a legal leg to stand on in trying to fight somebody who has made that secret public? I'd say they don't.

      Now you could argue that the whole rest of the post was about "in this case, their identity," but it reads as if that's a subordinate clause, and in the next sentence, "that secret" is, to this reader's eyes, deliberately general. If he'd meant "identity" he would have said "identity." Taken in context, the casual reader could very easily think that "I'd say they don't." applies to any secret (since that post was in reply to one making a point about secrets in general, and then that casual reader could make a post asking the obvious question about credit card numbers, and then get replied to and modded as a troll by some even more casual readers who can't follow threads properly, and who when called out out it, infallibly mark the specific, subordinate clause in a post as the most important text ever in the whole wide word. (tm)

    12. Re:Of course they have 'the right'... by JumpDrive · · Score: 3, Insightful

      So it's okay for government officials to seek people who are using their first amendment right and not talking in a way which they agree with?

      So it's alright to out CIA agents and such who have different political views than those in power?

      This is just plain abuse of power and privilege and the Congressman should at the very least be censored if not taken out of his post.

      If the person was committing a libelous or slanderous act, then yes. But as a government official a third party should be called in to determine if the action was or is such an act and then pursue finding them.

      For a member of government to do such a thing is crossing the bounds of the intent of the Constitution (The Human Rights Amendments).

      He should be whacked upside the head with a baseball bat.

      When it comes to individuals or ordinary citizens, then it becomes a different matter. But in either case, a third party (preferably judicial) should be called in to mediate, whether the actions are libelous and/or slanderous or that the person needs to be contacted to prove that the actions are not libelous or slanderous.

      I think that the later case would give pause, because if the action was not found to be libelous or slanderous, then basically it is confirming that the blogger/anonymous person is telling the truth.

      I would suggest that everyone write him a non-anonymous email and ask him to resign. Especially Democrats.

      I did. Democrat Texas

    13. Re:Of course they have 'the right'... by Thinboy00 · · Score: 1

      They're not commonly exercised in the U.S., and IANAL, but I'd say invasion of privacy laws apply here.

      --
      $ make available
  18. Anonymous political free speech on internet? by Anonymous Coward · · Score: 0

    Really, can you have Anonymous Political Free Speech on the Internet? WORLD WIDE WEB? How does one know that a person blogging about a particular US political figure is in fact a US citizen? It could be an attempt to disseminate rumor and false information by another country trying to destabilize the United States. Until you can remove that doubt, you have to assume the speach cannot be free. From this point on, she can have free speech with no fear of reprisal and those reading the Blog know that it is a true blog, and not just some infiltration. Hmm.. That was easy.

    1. Re:Anonymous political free speech on internet? by Anonymous Coward · · Score: 0

      Anonymous avoids the fallacy Appeal to Authority as well as ad hominem(demonstrated by the parent) to a lesser extent. Point is, it shouldn't matter who puts forth an argument. A malicious argument could still be valid.

  19. A similar case from my friend by Anonymous Coward · · Score: 0

    She played a multi-player soccer game online, called power soccer (www.powerchallenge.com) and have high ranking. She is a critic of Israel (based of her ethnicity) and some admin decided to find out who she is. The game installs spyware and it happens to crack into her facebook account, and got a message to "offer a deal" to her real email address. I told her not to reply, instead forward it to FBI's IFCC for complaint, and also file for a ID theft affdavit, claiming someone is using her name to play the game.

    In this case, whoever behind this blog should file a ID theft report and talk to her lawyer to see if she can get an restraining order against the representative.

  20. free speech is not an issue by Anonymous Coward · · Score: 0

    Unless the politician used the apparatus of government for his research, which would be a (rather mild) form of abuse of power. Cf Joe the Plumber suing the State of Ohio over the alleged leak, during his 15 minutes of fame, that he was not a licensed plumber.

    America has a long tradition of anonymous commentary. Thomas Paine and Mark Twain wrote anonymous political leaflets tweaking the powers that be. More recently, there was the film send-up of the Clinton administration "Primary Colors" written by "Anonymous" (who turned out to be the journalist Joe Klein). Today we have the semi-retired Mini-Microsoft blogger, who supposedly still works at Microsoft, although there is suspicion that he no longer does. In all of these cases, it was well understood by the perpetrators that the targets of their satire or criticism would be very interested in unmasking them so they could be put in their place. There was a bit of a cat and mouse game.

  21. We Do Not Know The Whole Story by darkmeridian · · Score: 3, Interesting

    Free speech cannot exist without the protection of anonymity. Without anonymous speech, the fear of reprisal would chill discussion. Keep in mind that the Founding Fathers published many of their seminal documents under pen names, lest they lose their heads to the King.

    At the same time, the government has an interest in identifying certain publishers. Libel or slander should not be protected because it is a crime that hurts its victims. The government has to balance the interests of protecting anonymous speech against the rights of victims to seek relief. These factors have to be taken into consideration when deciding whether or not to grant government power such as subpoenas to pierce the veil of anonymity.

    Here, the posts do not seem to be libel or slander. However, we do not know if any government force was used to identify the blogger. I think that it is perfectly fine if the blogger was careless or was betrayed by a friend she told. But if the politician used his office to investigate or to subpoena the information, I would be bullshit mad.

    --
    A NYC lawyer blogs. http://www.chuangblog.com/
    1. Re:We Do Not Know The Whole Story by Anonymous Coward · · Score: 0

      Free speech CAN exist without the protection of anonymity. The first amendment is stating that no one can be punished (by the government) for what they say. The first amendment is solely an enumeration of a right of the people as it relates to the government. It does not say anything about anonymity. In fact, the first amendment makes anonymity somewhat unnecessary, since your speech is already protected (you don't need the extra protection of being anonymous).

      We do have a right to anonymity in the sense that the government can not use its resources to identify anonymous individuals UNLESS another issue is involved (a crime for example). However, if an individual publishes the identity of another "anonymous" individual, that is perfectly legal.

      If this politician was using government resources to identify this anonymous critic, than yes, that is wrong - but not because he identified an anonymous critic. The illegal activity is the illegal use of government resources for private purposes.

  22. YES and MAYBE by Jane+Q.+Public · · Score: 1

    IANAL, I believe dexmachina has it right.

    "Does an American have the right to post political opinion online anonymously?"

    Unquestionably YES, as long as it is opinion and not libelous (which, being about a public figure, is hard to show).

    "May a government official breach that anonymity absent a compelling state interest?"

    No, IF he used non-public information to do it.

  23. whistle blower by Anonymous Coward · · Score: 0

    Chances are , this is a inside job.

    Someone who know her identity leak this thing out (intentionally with the wrong last name) to make popularity. Just my 10 cents.

  24. How did he find out? It matters. by davidwr · · Score: 0, Redundant

    Did he find out using tools available to the ordinary citizen and not because some third party violated a trust?

    Did he find out because some third party released information they shouldn't have?

    Using tools only available to those with special permission, like a licensed private investigator?

    Using tools only available by virtue of him being a government official or employee?

    If the last three, then no, privacy should be preserved unless there is a court order requiring release or a clear public interest in releasing the information. If necessary, civil court action should be allowed to recover damages, or, if there's a threat of outing, injunctions.

    If it was the first one, then the person wasn't as careful with his information as he thought and I'm a bit less sympathetic. In this case, the decent thing to do is respect the privacy of the individual, but the individual's only recourse should be to shame the leaker for his demonstrated lack of human decency.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  25. Please correct the summary... by Swift+Kick · · Score: 1

    The pseudonym of the blogger in question is actually AKMuckraker, who is the author of The Mudflats blog.

    I mean, come on... it's only on the second paragraph of the HuffPo link you posted:

    "Mudflats blogger "Alaska Muckraker" (AKM) rose to blogger fame almost instantaneously..."

    *sigh*

    --
    "We'll need 2000 crickets, 4 cans of Easy Cheese, and the fluid from 18 glowsticks for this plan to work...." - ph0n1c
  26. Techies aren't making things anonymous enough by presidenteloco · · Score: 1

    If the blog system had used something like TOR, and also not forced the creation of an account with a real email address, she would have had a better chance of staying 'muddy'.

    Or I guess if she'd wanted to she could have posted from random web cafes, without logging in to an account, but I guess in Alaska, not too many of those cafes, and the neighbours would be gossipin' about her strange furtiveness in the cafe.

    --

    Where are we going and why are we in a handbasket?
    1. Re:Techies aren't making things anonymous enough by JoshuaZ · · Score: 1

      In my experience the vast majority of times people have their True Names revealed on the net it has nothing to do with IP addresses. The people make off hand remarks about where they are from or what school they went to. Or they leave a trail to another website where their name is public. When IP addresses are an issue it is more often than not because one isn't using TOR or similar software when visiting a website run by the outer.

    2. Re:Techies aren't making things anonymous enough by Anonymous Coward · · Score: 0

      Hmm. That's actually pretty interesting (aside from a slight misunderstanding; she appears to be running her own site, and I don't think that's how her identity was revealed. Btw, the domain was registered with domainsbyproxy, which I didn't know existed. Neat.). Since people apparently can't resist blogging, this could be a good way to introduce people to our evil hacker tools; a clicky web interface to a blog engine. WordpressMU-CommonSense.

      Maybe they would eventually find the functionality indispensable, and we would have the ubiquitous encryption that we dream about. Soccer moms carrying around their ssh keys on their keychains.

    3. Re:Techies aren't making things anonymous enough by Standard+User+79 · · Score: 1

      My guess is that it has nothing to do with online privacy and everything with vanity. Se began to enjoy the attention too much and started speaking to the press 'off the record'. Doogan is a former journalist and only needed to speak to the right colleague to track her down.

  27. don't expect free speech to protect you by Anonymous Coward · · Score: 0

    Free speech is not the same thing as freedom from fear of speech. Opening your mouth invites a certain risk of creating enemies, and you really can't do anything if someone decides to hate you. Not all forms of discrimination (used in the broad sense) are illegal. And for the forms that are illegal you life is still going to be much worse off than it would have.

  28. It depends.... by meburke · · Score: 1

    Everyone has a right to speak their mind. It is protected by the Constitution of the United States.

    The argument, "everyone is entitled to their opinion" is a rhetorical and logical fallacy on more than one count, which is why I make the distinction about free expression rather than dubious rights or entitlements. However, some of "Mudflats" blogs were put-downs, innuendos and accusations of dubious veracity and rife with unsupported opinions. A person entitled to free speech is also RESPONSIBLE for the content of that speech, and anonymity deprives the targets (assuming that the speecha targets political figures such as Sarah Palin and Mike Doogan) of their right to confront their accusers in a meaningful way. "Outing" the blogger disclosed some of the biases in her accusations.

    OK, the "consider the source" argument is also a fallacious argument, but knowing a person has a bone to pick is important to evaluating their trustworthiness or objectivity.

    Anonymity has its place. Whenever the speech could lead to extralegal reprisals, such as speech in China, anonymity must be protected. Also, if a person wants their arguments to be evaluated on merit, anonymity might be a good idea in order to dilute the "authority" value (plus or minus) of the author. "Adam Smith" wrote his books under a pseudonym for both reasons, I believe.

    --
    "The mind works quicker than you think!"
    1. Re:It depends.... by argent · · Score: 4, Insightful

      "Outing" the blogger disclosed some of the biases in her accusations.

      Dude, we knew more about her biases from what she wrote in her blog than from knowing her real name.

      "Mudflats" biases were on worn on her virtual sleeve, not hidden behind her pseudonym.

    2. Re:It depends.... by TCPhotography · · Score: 1

      Posting to remove accidental mod to Parent.

    3. Re:It depends.... by _Sprocket_ · · Score: 1

      "Outing" the blogger disclosed some of the biases in her accusations.

      Dude, we knew more about her biases from what she wrote in her blog than from knowing her real name.

      "Mudflats" biases were on worn on her virtual sleeve, not hidden behind her pseudonym.

      I can't comment on Mudflats' biases directly; I hadn't heard of them before this. But in a general sense, sometimes the messenger is as important as the message. A big part of this is that the messenger can have a bias that isn't readily apparent by the message.

      A prime example is people paid to deliver a message. It isn't that they've done any analysis of the subject at hand and arrived at the message on their own. It's that someone wants a particular message and have paid them to either craft it or deliver it. Knowing that this artificial incentive exists may be very important in determining the validity of the message. It may provide insight as to why competing factors were discounted or outright ignored when producing that message. At the very least, it provides some reasoning for the support.

      It should be noted that this doesn't completely discount the message in question. People with ulterior motives can still raise very valid questions. And those questions should be addressed no matter who raises them.

    4. Re:It depends.... by argent · · Score: 1

      A big part of this is that the messenger can have a bias that isn't readily apparent by the message. [...] A prime example is people paid to deliver a message.

      Astroturfing is a real problem, yes, but there wasn't even an accusation of paid bias here. This isn't even like the Groklaw situation where Pamela Jones was taking an unashamed and deliberate side on a specific case and was accused of being a paid shill by SCO minions long before she was outed. Doogan never claimed any such shenanigans.

    5. Re:It depends.... by _Sprocket_ · · Score: 1

      Astroturfing is a real problem, yes, but there wasn't even an accusation of paid bias here.

      In no way am I implying that this individual was paid for their opinion. Don't take this as the be-all and end-all of bias. I'm just using that as a pretty easy example of hidden bias. More subtle bias might exist for various other political and / or personal reasons. And they can be just as hidden, but no less influential, as being paid to have an opinion.

      The point here is that the obvious bias - the one being expressed - is not always the end of that bias. I find the argument that you made to be flawed on the face of it.

      Again - I'm not familiar with the details. I never read anything written by Mudflats. But your comparison to Pamela Jones is interesting. I've read quite a bit of Groklaw. Even if Pamela Jones was somehow connected to IBM's legal team, I don't see it shedding a lot of light on what was published on Groklaw. I assume you're implying that Mudlfats' criticisms were also pretty much stand-alone no matter what their political involvement was?

    6. Re:It depends.... by argent · · Score: 1

      I assume you're implying that Mudlfats' criticisms were also pretty much stand-alone no matter what their political involvement was?

      The evidence that Mudflats had any kind of "hidden agenda" just isn't there, and even Doogan didn't make any such claim, he just went after her for using a pseudonym because he could. There's nothing inherently wrong with using a pseudonym, and NOT using a pseudonym doesn't mean you don't have any hidden bias. I've got a pretty heavy "trail" online, and even if I tossed in my CV and the results of a psychoanalytical exam I suspect that I've got opinions and biases that don't show up on anyone's analysis of all that output. So what? Should you trust me less because you don't know something like... oh, say... I spent a week in San Antonio with the Vice President's secretary...?

    7. Re:It depends.... by _Sprocket_ · · Score: 1

      The evidence that Mudflats had any kind of "hidden agenda" just isn't there, and even Doogan didn't make any such claim, he just went after her for using a pseudonym because he could.

      I wonder if he did it because he expected to find a hidden agenda. Or if he just couldn't stand someone hitting marks when he didn't know who it was (assuming they were hitting marks).

        There's nothing inherently wrong with using a pseudonym, and NOT using a pseudonym doesn't mean you don't have any hidden bias. I've got a pretty heavy "trail" online, and even if I tossed in my CV and the results of a psychoanalytical exam I suspect that I've got opinions and biases that don't show up on anyone's analysis of all that output. So what? Should you trust me less because you don't know something like... oh, say... I spent a week in San Antonio with the Vice President's secretary...?

      I'd like to point out again that the issue is that an obvious published agenda isn't always the whole story. The statement that Mudflat's agenda was clearly available strikes me as being dismissive.

      I have no idea on who Mudlfat is or what they wrote. I haven't bothered to even Google them today. So I'm not about to speculate on their agenda. And I'm certainly not going to even come close to speculating on yours (whether the River Walk was involved or not).

      PJ and Groklaw I've read. So I could comment there. I should point out that whether PJ is involved with IBM never mattered to me not only because I put little stock in to the claim, but because Groklaw published all its work and made their case publicly. If it turned out that PJ was on IBM's payroll it would do little to discredit the claims made on Groklaw. I'm not sure if this is relevant to Mudflat or not. I'm simply curious (gah - maybe I'll end up Googleing for them after all).

    8. Re:It depends.... by _Sprocket_ · · Score: 1

      I wonder if he did it because he expected to find a hidden agenda. Or if he just couldn't stand someone hitting marks when he didn't know who it was (assuming they were hitting marks).

      OK. So you got my curiosity up enough to RTFA. :) Apparently he's some champion of old media and despises anonymous criticism. Tag on top of that our former-anonymous blogger ("AKM" apparently) took a couple shots at the good Legislator and he was off and running. Personal vendetta fueled by strong bias. No need to wonder any more.

    9. Re:It depends.... by argent · · Score: 1

      I'd like to point out again that the issue is that an obvious published agenda isn't always the whole story.

      I didn't disagree with that point. My point is that knowing the name of the person who did the publishing doesn't change that... all you have to go on with anyone, whether you know them as "Peter da Silva", "Argent", "Mudflats", or "Sprocket", is their track record.

      I should point out that whether PJ is involved with IBM never mattered to me not only because I put little stock in to the claim, but because Groklaw published all its work and made their case publicly.

      Which is basically my point, after all.

    10. Re:It depends.... by _Sprocket_ · · Score: 1

      My point is that knowing the name of the person who did the publishing doesn't change that... all you have to go on with anyone, whether you know them as "Peter da Silva", "Argent", "Mudflats", or "Sprocket", is their track record.

      Sure. But different names can sometimes have different track records. The realization that two names, and associated tracks, belong to the same individual can be very revealing. Although I definitely agree that multiple track records don't always exist.

      And, as I noted before, sometimes such things aren't really important to the issues being raised / discussed (i.e. they're good enough points to stand on their own merits). But I think that's a somewhat rare thing. A lot of these things get published as opinion without a lot of transparency to that opinion. What I've seen from our Groklaw example is not only the analysis of the individual known as PJ (and other associates) but a lot of additional material that goes to some effort to make their case transparent and open to criticism.

    11. Re:It depends.... by argent · · Score: 1

      And, as I noted before, sometimes such things aren't really important to the issues being raised / discussed (i.e. they're good enough points to stand on their own merits). But I think that's a somewhat rare thing.

      And I believe that, for obvious pseudonyms that have a long track record, it is *normal and expected* that the identity's track record is more important. And where there really is a hidden agenda that actually matters, knowing the name of a human rather than a pseudonym is not usually going to be important.

      I'm pretty sure that there's more people writing online with believable but false names who have really worrying hidden agendas than people using obvious pseudonyms like "Mudflats" or "Publius" or "Speaker for the Dead". The pseudonym itself is a complete red herring.

    12. Re:It depends.... by _Sprocket_ · · Score: 1

      I'm pretty sure that there's more people writing online with believable but false names who have really worrying hidden agendas than people using obvious pseudonyms like "Mudflats" or "Publius" or "Speaker for the Dead". The pseudonym itself is a complete red herring.

      Certainly. History is littered with examples of famous pen-names and pseudonyms. I've grown up with online communities full of pseudonyms and am quite comfortable with the concept. Unfortunately, a lot of people aren't despite pop culture being full of examples (Superman / Clark Kent, Zorro / Don Diego de la Vega, etc.).

  29. Story immaterial to "right" to anonymity by Protoslo · · Score: 2, Insightful

    The submitter of this story and various people in various internet forums [cough.] seem to be under the impression that this story has something to do with a possible violation of rights, online or otherwise. Even the various blog posts linked to in the summary, however, only detail Alaska State Rep. Mike Doogan's puerile tendency engage in online name-calling, and Nixonesque paranoia and obsession with the press. Doogan didn't obtain any information illegally (indeed, likely and luckily, he lacks the power to do so); he just became obsessed with the identity of blogger "Mudflats," and felt the need to "out" said blogger and complain about how unfair everyone was being in the print and internet media.

    In conclusion, this story tells us that Rep. Mike Doogan is a paranoid whiner who thinks that the internet is Serious Business. There is a right to be free of unreasonable search and seizure, and a right to freedom of the press, but if anyone thinks that there a right to publish anonymously, even in the face of a breech of said anonymity using public information, that person is the one who lacks an understanding of the first amendment. Indeed, the (obsessive, childish, etc.) State Representative (i.e. The Man) is fully exercising his first amendment right to freedom of speech in this case. It would be a dark day indeed if Rep. Mike Doogan needed a state interest, compelling or otherwise, to whine in emails about bloggers being mean to him on the interwebs.

    1. Re:Story immaterial to "right" to anonymity by SwashbucklingCowboy · · Score: 1

      Doogan didn't obtain any information illegally

      How do we know that?

      Even if he did find out legally, did he use the powers of his office to find out?

      if anyone thinks that there a right to publish anonymously... that person is the one who lacks an understanding of the first amendment.

      You apparently lack an understanding of the first amendment. In the majority opinion for McIntyre v. Ohio Elections Commission, Justice Stevens wrote: "Accordingly, an author's decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment."

    2. Re:Story immaterial to "right" to anonymity by Anonymous Coward · · Score: 0

      Doogan didn't obtain any information illegally

      How do you know? I tried to find out how he got the bloggers name but couldn't find any information about it.

      I find this case interesting, so if you have more information please post a link to your source.

  30. Subject by z-j-y · · Score: 0, Offtopic

    Great. now slashdot is huffingtonposted. looks more like digg everyday.

  31. Freedom by zomniac · · Score: 1

    Freedom of the press needs be expanded to include freedom of the internet.
    Get with the program sheaple.

  32. Doogan needs to be "outed" by bigsteve@dstc · · Score: 1

    ... as in voted out at the next election.

  33. modern democracy is a 2 way street by heroine · · Score: 1

    Democracy is a 2 way street when information is unlimited. Your politicians can vote you out just as easily as you vote your politicians out. Had the same thing happen with Keith Cowing. If U don't support the right agenda, don't be surprised if you're unemployed the next day.

  34. grep -i anonymity constitution.txt by isa-kuruption · · Score: 1

    Ooops not in there. Then again, I also grep'd Privacy, and it's not in there either.

    Oh well.

    An anonymous blog is like an anonymous flyer posted on a telephone pole. It's not illegal to post, and the anonymity only lasts as long as you aren't caught.

    If you post too much information, you're bound to get caught. There is no right to be anonymous, only dumb luck.

    And stop whining that Senator Doogan is a tattle tale.. aren't you a bit old for that?

    1. Re:grep -i anonymity constitution.txt by Anonymous Coward · · Score: 0

      grep -i anonymity constitution.txt
      Ooops not in there. Then again, I also grep'd Privacy, and it's not in there either.

      The constitution assigns powers to the government. It is *NOT* an enumeration of "the people's" rights.

      See 9th amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    2. Re:grep -i anonymity constitution.txt by Anonymous Coward · · Score: 0

      try grep -i privacy billofrights.txt

    3. Re:grep -i anonymity constitution.txt by fnj · · Score: 1

      try grep -i privacy billofrights.txt

      Sorry; that doesn't work either. Constitution.txt normally includes the complete set of amendments anyway; almost always at least the bill of rights.

      You know, if you took 5 seconds to actually try your suggestion, you could avoid embarrassing yourself ... oops ... you're an Anonymous Coward, aren't you.

    4. Re:grep -i anonymity constitution.txt by Disfnord · · Score: 1

      grep -i guns constitution.txt
      Oops, not there, I guess Obama can take yer gunz.

      Or maybe using a simple keyword search misses certain nuances...

    5. Re:grep -i anonymity constitution.txt by Rary · · Score: 1

      It's a good thing the Supreme Court uses a better system of analysis than grep.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    6. Re:grep -i anonymity constitution.txt by PhxBlue · · Score: 1

      Ooops not in there. Then again, I also grep'd Privacy, and it's not in there either.

      Grep doesn't work. You have to grok it:

      Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      --
      !#@%*)anks for hanging up the phone, dear.
  35. That Probably Isn't Peanut Butter in Doogan's Nose by Anonymous Coward · · Score: 0

    One can expect politicians to out bloggers when directed to do so by the special interests they REALLY serve.

    Toadying, fawning, lick spittle errand boys to the oil industry, for example, will unhestitatingly throw anyone under the bus to keep their noses firmly planted in the nether regions of their special interest masters.

    I don't know for certain if this is Rep. Mike Doogan's chief malfunction, he simply could be crazy, a drunken alcoholic in a rage against truth about the sleaze ball cronyism and corruption that characterizes Alaska politics, or simply a clueless asshat. You choose.

    But, he is assuredly a disgrace to his office and to journalism, a field he once toiled in before becoming a failed novelist and political hack.

  36. Yes and ? by SwashbucklingCowboy · · Score: 1

    Does an American have the right to post political opinion online anonymously?

    Of course. Many SCOTUS decisions bear that out.

    May a government official breach that anonymity absent a compelling state interest?

    A more difficult question. It could depend upon how the official found out the identity of the person. It also could depend upon how that anonymity is breached. It seems inappropriate for the official to use his government position to do so. A newsletter paid for by the government should not be used, but a newsletter paid for by his political campaign fund? That might be legal, though not very moral.

  37. whoopdedoo by dargon · · Score: 1

    this really isn't much different than something that happened up here in Canada recently. Recently the Ontario court ordered a website to disclose what personal information it has on 8 anonymous posters, information including email and ip addresses. Now while I don't necessarily agree with the decision, it is legal for a court to do so, just as it's legal for the police to look up the records of everyone who phoned you / who you phoned, etc. It's up to the poster(s) to take steps to protect their anonymity, for example throw away email addresses that would be too time consuming to track down who it belongs to, especially across international jurisdictions, use TOR to mask your IP address, etc. Things on the internet are only as private and anonymous as you make them, don't trust others to ensure your privacy.

    1. Re:whoopdedoo by fnj · · Score: 1

      At most, all the website could possibly provide is an IP number and the customer to whom it was leased at the time of the post. Since they do not have clairvoyance, there is no way they could possibly know the identity of the actual typist, since it could have been a family member, friend, casual acquaintance, walk in visitor, or a neighbor or member of the general public mooching off of or hacking the customer's wireless router. Or even some guy illicitly running an unauthorized static IP the same as the IP in question.

      The IP may even have been tapped into remotely by someone hacking a proxy on some computer on the customer's premises connected to the IP in question.

      This kind of crap annoys me. Not you, but law enforcement drones and other morons who think there are magical technological shortcuts which save them from actually having to investigate and find REAL proof.

  38. it's all fun and games until...... by sldghmr · · Score: 3, Interesting

    Everyone has a right to face their accusers, american or not, politician or not. If someone chooses the internet as the ground to make accusations or critical comments then they should be ready to take whatever fair response comes from their target on the same grounds (internet). As a politician Doogan has to choose words carefully, he should participate to the point he defends his position and outlines why it's the right position, he should also consider that getting too caught up in an argument only makes him seem childish and not fit for his role. On another note, the alaskans I've met sure dont seem to the types to care if we know who they are or not, if they have something to say they are gonna say it and if we dont like it well thats our problem. LOL!

  39. What right was infringed? by Kral_Blbec · · Score: 1

    It seems to me that many Americans have become so self-centered with the constitutional rights we do have that we have started to claim rights we do not. There is no constitutional right to privacy. There is no constitutional right to having healthcare. There is no constitutional right to having a job. There is no constitutional right to an education. You want those things? You earn them. The "pursuit" has been dropped from "life, liberty and the pursuit of happiness."

    In direct reflection to this story, I completely fail to see why this is even a question. Nobody ever told her while starting a blog that she would be assured of staying annonymous. Sure, she can hope for that and try to keep it but that we have to help her.

    1. Re:What right was infringed? by Kral_Blbec · · Score: 1

      that last line should be "that doesnt mean we have to help her."

    2. Re:What right was infringed? by aetherworld · · Score: 2, Informative

      There is no constitutional right to privacy.

      I'm not American and technically you may be right that there is no constitutional right to privacy. However:

      "The Constitution does not specifically mention a right to privacy. However, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and as such is protected by virtue of the 9th Amendment. The right to privacy has come to the public's attention via several controversial Supreme Court rulings, including several dealing with contraception (the Griswold and Eisenstadt cases), interracial marriage (the Loving case), and abortion (the well-known Roe v Wade case). In addition, it is said that a right to privacy is inherent in many of the amendments in the Bill of Rights, such as the 3rd, the 4th's search and seizure limits, and the 5th's self-incrimination limit."

    3. Re:What right was infringed? by xenocide2 · · Score: 4, Insightful

      Congratulations, you've so enshrined the Constitution so as to invite the very tyranny that was fought over two centuries ago. Anonymous speech is crucial to voicing intelligent opinion unfavorable to the powers that be. So much so, that the very people who built the Constitution you cherish dared not publish the Federal Papers under their actual names. Somehow, the entire nation has read the 9th amendment and looked the other way.

      Well played, sir.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    4. Re:What right was infringed? by hab136 · · Score: 4, Insightful

      It seems to me that many Americans have become so self-centered with the constitutional rights we do have that we have started to claim rights we do not.

      The Constitution is not a list of every right that ever existed or ever will. It's a document detailing what limited rights the people/states have given to the federal government; then to be extra clear, specifically mentions that the feds are not allowed to do certain things (Bill of Rights).

      Let me repeat that: It's a list of rights that we give to the federal government, plus some specific restrictions on the feds. Not a list of *our* rights.

      There is no constitutional right to privacy.

      The Constitution doesn't give us a right to privacy or anything else - it doesn't grant rights, only recognizes some of them and specifically tells the federal government not to infringe those rights. It also says that not all rights are listed, but they still exist.

      We have our rights by being born, both those specifically recognized in the Constitution and those not (like privacy).
      When people talk about constitutional rights, they would be more correct to say "constitutionally-recognized rights".

      There is no constitutional right to having healthcare. There is no constitutional right to having a job. There is no constitutional right to an education. You want those things? You earn them. The "pursuit" has been dropped from "life, liberty and the pursuit of happiness."

      You have the right to pursue these things, yes. They are not provided by the government, nor does current law say it should, so.. we don't.

      Whether or not they should be provided by the federal government is debated. If the people want these things, the laws can be changed to support it (including a Constitutional amendment if required).

    5. Re:What right was infringed? by Cytotoxic · · Score: 1

      Somebody mod this guy up.... he knows what he's talking about. And send a copy of his post to your representative, because odds are that they don't get it. In fact, read his post - then take a list of everything the government is working on right now and compare it to the list of things the constitution says the government is allowed to do. On second thought, don't. It'll just piss you off.

      Whether or not they should be provided by the federal government is debated. If the people want these things, the laws can be changed to support it (including a Constitutional amendment if required).

      This is the spot-on civics lesson for how a constitutional democracy works. Unfortunately that little "including a Constitutional Amendment" caveat you toss in there has been completely abandoned by the government. As long as it is "sound government policy" it is constitutional these days.

    6. Re:What right was infringed? by Kral_Blbec · · Score: 1

      Well put. To clairfy my original post, I do not intend to say there is NO right to privacy. Sure, there is. But to seek punitive damages when it is imposed like in this story (which doesnt really harm her in the slightest), is far beyond the role of government and the legal system. In cases where the breach of privacy causes actual harm, then there should be some reparation (such as financial information). In those cases, there are other legal issues at hand as well (fraud, unjust discrimination, slander/libel) so its not just a matter of legal action for breaking someones "right to privacy" which isnt legally codified.

      What really pisses me off is the entitlement attitude people are getting. The government is supposed to give me XYZ rather than me working for it myself. The government is supposed to protect me from XYZ. This is just one example of that.

      Besides in any case where the only damage is that a dirty little secret gets out, any legal action is only going to spread it around more. Usually is a better idea to just deal with it or move because you can sue something out of someones memory banks.

    7. Re:What right was infringed? by hab136 · · Score: 1

      But to seek punitive damages when it is imposed like in this story (which doesnt really harm her in the slightest), is far beyond the role of government and the legal system

      You can sue anyone at any time for any reason; it doesn't mean you'll win (or even have the suit go to trial).

      What really pisses me off is the entitlement attitude people are getting. The government is supposed to give me XYZ rather than me working for it myself. The government is supposed to protect me from XYZ. This is just one example of that.

      Ideally everyone would be fine upstanding citizens who not only provide for themselves to the best of their ability, but help others as they are able.
      In reality.. http://www.lorencollins.net/tytler.html

      Some collective pooling of resources makes sense; that's why we have insurance, police, government roads, etc in the first place.

      which doesnt really harm her in the slightest

      People stay anonymous for various reasons - the biggest is to avoid violence (or other reprisals) when speaking unpopular opinions. Look at Octomom or AIG execs - while they may be reprehensible, they've now had death threats. People are crazy, especially with so many "hate/outrage as entertainment" vendors today.

      Aside from outright violence, there's the problem of future employers or government employees judging her based on that speech. Being denied a job, being repeatedly audited by the IRS, or losing your family custody case is hard to prove as a direct consequence of her speech, but these things do happen.

      Going from an anonymous blogger to a target is indeed harm in my opinion. I'm not sure the courts agree; the court probably isn't sure either, which is probably why it wasn't immediately thrown out - there is a question of whether harm was done or not. The trial should decide that.

  40. Give and take by alset · · Score: 1

    Politicians have the same right to free speech that you and I have. There may be moral or ethical questions to raise about what information they opt to disclose to further their own political careers, but not legal (excluding state secrets, libel, etc). Yes, citizens posses the right to post anonymously. And anyone who learns their true identity posses the right to oust them.

  41. Finding Answers..... by IHC+Navistar · · Score: 1

    Yes, an American has the right to post anonymously.

    But every American has the right to try as hard as they can to find out the identity of that person.

    There is nothing wrong about trying to find out the identity of who said what. The exception is that a politician or government official should not be able to use governmental intelligence resources not normally available to the general public (i.e. CIA, NSA, FBI [certain services are available],InterPol, DOJ, etc.) and using a government position to obtain services not normally available to the general public, such as asking for confidential records from ISPs, etc.

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
  42. It's simple by Greg_D · · Score: 1

    You have the right to post anonymously.

    You don't have the right to stay anonymous.

    It's quite a different game when suddenly you have to own the words you type. Suddenly, it isn't enough to just say things, you have to make sure they're credible or you lose the credibility you have. You have to own the content and the language and the demeanor you go about expressing yourself, and people will judge you for it. It's one thing if this Rep went about abusing his power to try to find out who the blogger is. But if not?

    Boo fuckin hoo. Don't yap at someone's ankles and expect not to get kicked.

  43. Of course he can be outed by claysdna · · Score: 1

    Using the term 'outing' as a loaded weapon is all this article is about. If someone is talking about me, then I sure as heck have the right to track down who it is. If he is smart, he is doing his best to hide from my wrath. However, it is not the governments job to protect every asshole from his own mouth. If he does not want people to know he said it, he should not say it. This covers 99% of cases (including the one in question). However, for the more anal amongst you, I do agree that there may be certain circumstances where anonymous speech is protected. Of course, now that the government is run by socialists, it will depend upon the political correctness of the speech as determined by Nancy Pelosi and her friends as to if it should be protected or not

    1. Re:Of course he can be outed by RPoet · · Score: 1

      I think we should recognise the role of anonymity and pseudonymity in a democracy. You cannot have free speech in its fullest if there are some things you have to be afraid to speak out about. Being able to criticise our politicians is perhaps particularly important.

      However, I do agree that if you want to be pseudonymous, it's your own responsibility to hide your identity. You can't have laws against discovering someone's identity; that would be to outlaw investigative journalism. Instead, we have to educate people (and each other) on how to become and stay pseudonymous. It's not an easy thing to do well.

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    2. Re:Of course he can be outed by abigsmurf · · Score: 1

      That argument is contradictory, you likewise can't have free speech in it's fullest if you can't say "hey did you know Chunkylover53 is actually Homer?". It's countering a restriction of free speech with a different restriction.

    3. Re:Of course he can be outed by RPoet · · Score: 1

      I didn't argue for such a restriction; in fact, I specifically argued against. I argued for the anonymous person's responsibility for maintaining his own anonymity.

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
  44. Freedom of speech != Right to anonymity by jandersen · · Score: 3, Insightful

    I expect most /.ers to disagree with me, but I think it is worth keeping in mind that freedom of speech is not only not the same as a guaranteed right to speak anonymously, but it is actually intended to make anonymity irrelevant - at least when it comes to speaking your opinion about important issues of politicas, faith etc. - by giving legal protection from any persecution from the state. It is a very specific right, not meant to be a cover-all that gives anybody the right to say anything, however acrimonious, or spread rumours and snipe at people from a safe cover.

    That aside - I don't know the specifics of this story. To me it seems obvious that if you have some important viewpoints and observations, you have the right to speak out about it in public and should have the courage to show your face - if you hide behind anonymity, you appear less credible, as if you are ashamed of yourself or you know that what you have to say is bullshit.

    As far as I am concerned, it may be permissible to allow anonymity in some cases to protect those who might otherwise suffer unjust retaliation - eg. if they are whistleblowers, or particularly vulnerable witnesses in court - but I think it has to be limited to when there is a special need to show extra concern. I don't think this generally apllies to bloggers.

    Now, go on, hate me forever and all that.

  45. Re:How did he find out? It matters. by Anonymous Coward · · Score: 1, Informative

    Here's the email that started this thing apparently:

    Are you people nuts? You send me -- and everybody else in the legislature, from the looks of things -- Spam and then lecture me on email etiquette -- as if there were such a thing? Here's an etiquette suggestion: Abandon your phony names, do your own thinking and don't expect everybody to share your obsessions.

    It was addressed to about 30 people who evidently had been emailing Doogan. After this Alaska Muckraker blogged about the email, with a list of net etiquette items.

    I think to get the whole story here we need to know what emails Doogan had been getting from these people that led to his email.

    I think one of the traps that people who frequent political blogs fall into is trying to get involved in politics without realizing they only have a superficial understanding of the issues, and I can't help but wonder if that was the case here. This guy is a state legislator in Alaska, he may not have any dedicated staff for managing his email, and I imagine that 30 people emailing with flavor-of-the-week issues could create more email than he's used to handling.

    Since they all use pseudonyms, he has no means of responding to them other than to go to their blogs, a domain that they have total control over. Don't you think that would be more than just a bit frustrating?

  46. MYSTERY SOLVED! by Anonymous Coward · · Score: 0

    This Mike Droogan guy must think he's a hot shot for solving this puzzle that nobody was asking him to solve. He really strikes me as the sort of politician who really cares who he's representing but not necessarily what they want him to represent. I mean, I certainly would vote for somebody who can't tell the difference between spam email and the opinions of the folks he represents.

  47. Nothing wrong by abigsmurf · · Score: 1

    Just because you wish for someone to not know you wrote something, that doesn't automatically give you the right to protect that information.

    The identity of a blogger, especially a popular one, can easily be argued to be in the public interest and provided finding this information doesn't involve breaching data protection regulations (ie using a confidential database that you use as part of your job), anyone, be it the president or a blogger can talk about it.

    I find it incredibly ironic for a blogger to whine about this kind of thing when bloggers themselves go out of their way to expose people granted anonymity by courts or their place of work when accused of something.

    He could've abused his powers but I doubt he needed to. Reading the blog and doing some creative searching would likely provide enough clues to help average joe find out who someone is if they're willing to spend a bit of time looking. Most people who've spent a long time online will have left countless little snippets on the net that would ID them.

  48. Why the Bill of Rights? by Pfhorrest · · Score: 4, Informative

    If there was nothing more important, why would it be in the first amendment, instead of in, say, the original constitution itself?

    Because the original constitution was written on the premise that people had every right that the constitution didn't explicitly give government the power to curtail. Note the language there; the constitution grants powers to the government (which otherwise has none), not rights to the people (who otherwise have all of them). It was feared that explicitly enumerating rights might imply that such a list was exhaustive, ruling out any rights not listed.

    The Bill of Rights was only added because many states only agreed to ratify the constitution once such a bill of rights was promised to be added. The ninth and tenth amendments were the compromise added to quell the fears of the list being taken as exhaustive (the ninth explicitly stating that the list of people's rights is not exhaustive, and the tenth explicitly stating that the list of the Federal government's powers is exhaustive).

    And of the rights people were worried about explicitly enumerating, freedom of speech (and the press, and religion, and assembly, all bundled together) was priority #1.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    1. Re:Why the Bill of Rights? by Anonymous Coward · · Score: 0

      Oh shit. Ran out of mod points just before hitting your fine post. Oh well, next time. :-)

    2. Re:Why the Bill of Rights? by nine-times · · Score: 1

      Good post.

      I think it's important to note also that many of the people involved in ratifying the constitution did not believe that the Bill of Rights granted rights to citizens. They did not believe that people wouldn't have the right to free speech if the first amendment wasn't written, but rather that freedom of speech was an inalienable human right that the government had no right to infringe upon. At least, that seems to have been a belief that wasn't uncommon among our "founding fathers".

      So in a certain way of speaking, there is no portion of the Constitution that was written with the intent of granting rights. The Bill of Rights was written with the intent of listing certain major rights that the government should be expressly and explicitly forbidden from violating. The Constitution itself was written with the intent of explicitly listing the powers that the people were granting to the government.

    3. Re:Why the Bill of Rights? by Anonymous Coward · · Score: 0

      The power of the government, or rather Congress specifically, is not bound by an exhaustive list of powers. There are the enumerated powers listed in Article 1, Section 8, but then there is the Necessary and Proper clause, as well the power to provide for the "general welfare" of the country. The power of Congress is pretty open ended.

  49. i'm not saying us law on the issue is pristine by circletimessquare · · Score: 1

    but i will say that nothing, absolutely nothing, protects you from petty local politicians, anywhere in the world

    the previously anonymous can make a legal case of it, if there is grounds to proceed, but that's about your only protection

    some people have this odd attitude towards the government, that as soon as you are some sort of official, you become some sort of monolithic alien "them". no, mostly the government is composed of the same amount of virtuous people and sleazy people that you encounter in the general public, with an additional dose of well-meaning but bumbling fools, because, at least in a democracy, the government IS the general public

    so its not like once someone becomes a politician, they become robotic overlords of perfect constitutional expediency. no, they go right on screwing things up at the same rate before they were elected. which with some politicians can be quite spectacular, especially in the murky world of local politics. the only difference is, with us law at least, is that you might have some recourse for grievance and punitive damages in a court of law

    when you deal with the feds, you'll find things to be more fair, simply because there's usually nothing personal going on at a distance, not because the feds are any more capable. meanwhile, when you deal with the local mayor, or the local police, you sometimes get the same sort of overly personal bickering and nasty and shocking abuses as you would get with two neighbors arguing over the placement of a fence or a loud barking dog

    you really have to indict the abuses of the local politician, not the entire government. and this goes for any country, not just the usa. the abuses of local politicians does not reflect on the country as a whole, for the usa, canada, mexico... any country in the world

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  50. Wrong! by Tenebrousedge · · Score: 2, Insightful

    The question is "do you have a right to anonymity when making political editorials?" That's a different question than "do you have the right to make anonymous political editorials?" The answer to the latter question is "of course". The answer to the former question is "of course not".

    Horseshit. The Bill of Rights exists because of anonymous free speech. Also, the Supreme Court has a long history of protecting anonymous free speech. You are entirely wrong in every point you make.

    The right to anonymous speech is enshrined in the highest law of the land. Whether or not the statements are hurtful is irrelevant. Your political example is particularly clueless.

    Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

    The parent poster is correct in framing this as a possible abuse of power. It is probably not illegal to reveal someone's identity. It can be illegal to use political power to discover someone's identity.

    Your homework assignment (i.e. if you want to debate this without looking like a total idiot) is to prepare an argument against internet anonymity with reference to libel and slander. The links I provided should give you plenty of ammunition. Also, if you dig back through slashdot, there was a recent case in the maryland supreme court (IIRC) involving a fast food franchise trying to subpoena the identities of some critics on the internet, which may or may not have been covered in one of my links. Do note that such an argument is not relevant to the facts of TFA.

    --
    Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
  51. Ahhh...partisan blood... by bartwol · · Score: 1

    The blogger happens to be Democrat -- as is Doogan -- but that is immaterial to the question...

    The itch of the Republicrat must always be scratched, to carve out the partisan difference, even when there is none...even when it is "immaterial".

    Let me guess...if you're a Democrat, then you strongly favor bipartisanism [this year]. Yes?

    uggh.

  52. Right to Privacy: Griswold v Connecticut by Anonymous Coward · · Score: 1, Informative

    The supremes HAVE described a constitutional right to privacy (alternately, the right to be left alone) although not explicitly described in the Constitution. the case has to do with whether the govt can stick it's figurative nose into your private business (in this case, contraception)

  53. Why not? by This+name+in+use · · Score: 1

    As long as the guy didn't make public secret government files or use illegal routes, I don't see how outing someone could be considered a breach of rights. For one thing, the Internet is public, especially blogs. Maybe being anonymous shirks the responsibility of backing up what you're expressing. If Comrade Obama was secretly blogging and making political statements, I would want to know that it was him before I judged the validity of his statements. One of these days, I'm going to figure out who this "Anonymous Coward" guy is and expose him.

  54. Outrageous! by punkr0x · · Score: 1

    Followed the links to ,a href=http://www.akdemocrats.org/doogan/032709_2_doogan_in_juneau.htm target=_new>Doogan's actual post and I think it's ridiculous not only that he felt compelled to reveal this blogger's identity, but the manner in which he chose to do it. (Extra! Extra! Come on.) I emailed him letting him know I don't think this is right and I urge everyone who agrees to do the same. Maybe he'll send us a mass response!

    1. Re:Outrageous! by Anonymous Coward · · Score: 0

      I'd be a bit cautious doing that with your real name, if I were you. He's apparently gone silent now, but some have had creepy responses from him telling them that he would add them to his list. Now what the hell a second-rate novelist and uninspiring politician is planning on doing with a list of his critics, I don't know... but I'm saying that if there's ever a good time to join the ranks of the anonymous cowards, this might be it.

  55. The "Kiss of Death" by mikelieman · · Score: 1

    And NOW the politicians opponents can begin the "If he's not hiding anything, why is he afraid of Good Old American Anonymous Political Commentary -- SO AFRAID he needed to launch a PRIVATE INVESTIGATION and SPY ON HER to assuage his paranoia..."

    --
    Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
  56. Anonymity is crucial, but.... by Anonymous Coward · · Score: 0

    it doesn't stop a party from investigating to find out who the anonymous party is. If someone in power uses their power to out someone who is anonymously voicing their opinion (provided said opinion, or statements are not illegal in some way), in essence abusing their power then that activity is illegal. However, if using publicly available means someones' identity is discovered there is no protection from someone revealing the identity to the world as a whole. As a matter of fact even in our founding fathers' time they may have published anonymously or under pen names, but there was still no guarantee they would not be found to be the one behind the writings. Even though you expect some modicum or privacy and protection from publishing something anonymously it is understood there is still a risk of discovery and even possible consequences if the said opinion is against public opinion or illegal. Even the Founding Fathers realized that and they assumed the risk knowing full well the ramifications of their actions. What they set forth in the Constitution and Bill of rights was not to protect people from other people but to protect people from the tyranny of the Government, and abuse of power to obtain someone identity is an abuse and against every principle they would have stood for.

    With that all said, If we want to start talking about the founding fathers' intentions then we open a whole other can of worms. Because Republican or Democrat our Government is full of people who abuse their power and or use it as they feel an entitlement as though they were noblemen in our society. I fully feel that our founders could never have envisioned our political system as it is today or imagined the way our politicians act and conduct themselves. Were they able to I imagine they would roll over in their graves at they things that are done. Of course they would also be lamenting the society as a whole because of the apathy that exists and the lack of action even when they are outraged by politicians or the actions taken by politicians in their policy.

  57. Depends by timkar · · Score: 2, Insightful

    Do we have the right to vote anonymously when pressed to start a union?

  58. Don't be stupid by DaveV1.0 · · Score: 1

    There is no "right to be anonymous".

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  59. Any concept can be used for both good and bad by Anonymous Coward · · Score: 0

    Okay sure, anonymity can protect a whistle-blower or an intelligence agent...assuming that they really are who they say they are and not some competing force fabricating their story. Some blogger could totally make up a scandalous tale about someone and people aren't likely to call them on their bullsh*t especially if the story appears to have lots of facts and the reader has no real information to corroborate it with. Seems to me that most people are uninformed and misinformed never applying the 90%+ Bullsh*t Rule of the Internet.

  60. To find "her" I'd start here .. by pbhj · · Score: 1

    AKMudflats posted for thanksgiving 2008 that she was going to be away with friends and family in an isolated place (27th, http://mudflats.wordpress.com/2008/11/27/happy-thanksgiving/ ) the linked Flickr account ( http://www.flickr.com/photos/akmudflats/ ) has images from said isolated place, possibly Perry Island, on the 29th and 30th November 2008. I can well imagine the Rep. Doogan could just ask around if anyone knows where the pics were taken - he was apparently a journalist for 14 years he must be reasonably good at finding out who people are.

    Certainly on 5 December they were in Whittier Harbour and on Perry Island. Would the harbour logs show who made such a journey?

    Google shows me that Perry Island is a tiny volcanic island in Prince William sound. Flickr shows me there was one house on it in 1976.

  61. Weird by rhizome · · Score: 1

    Wasn't there a story a week or two ago, something along the lines of an Ask Slashdot, asking whether people have a right to online anonymity? Now we have this? I'd call it a dupe, but I think the idea is that kdawson is harping some ideology here, or perhaps crowdsourcing a book. I hope you all like volunteer work!

    Strangely, around the time this story appeared originally, I removed all kdawson stories from my profile due to the unwavering lameness factor, but here I am again. How does this happen? Do I need to reset my RSS URL to reflect my new author preferences?

    --
    When I was a kid, we only had one Darth.
  62. Clarification... by argent · · Score: 1

    I am not claiming Pamela was a paid shill, just that she was accused of being one.

  63. Ineptitute at its finest? by Anonymous Coward · · Score: 0

    What would upset me is that this politician spammed all these people in an email by putting all the addresses in the "cc:" field so that everyone receiving the message could see the others' addresses. Not a good thing since these things get forwarded over and over and eventually there are plenty of addresses harvested by a bot for purposes of spamming them all. To me, this makes him look inept and unconcerned about anyone but his own interests. Someone who expects to get votes should at least have the appearance of caring about others and having some intelligence about the medium he is using to communicate with. He's evidently "old school" and doesn't see the paradigm shift passing him by.

  64. Why, Sure by gevantry · · Score: 1

    Do we have the right to post our political opinions anonymously? We sure do. Does a politician have a right to reveal who the anonymous posters are? He or she certainly does!

  65. The Right To Free Speech by Phoghat · · Score: 1

    If "Mudflats" has the right to free speech (and she does), doesn't Mike Doogan have the same right? Remember, the right to free speech covers someone saying something unpopular. Being anonymous is a right only on /.

    --
    Think of how stupid the average person is, and realize half of them are stupider than that.
  66. And the moral of the story is... by ibsteve2u · · Score: 1

    ...if you mess with powerful people, they may burn you. If you don't mess with powerful people, however, they will know that they can mess with you with impunity and you will see your democracy become first an aristocracy and subsequently either a feudal or totalitarian state.

    Your choice: Personal risk, or national disaster. To surf the 'net, or be a serf: That is the question.

    --
    Orwell: "In a Time of Universal Deceit, telling the Truth is a Revolutionary Act"
  67. Yeah, but... by pem · · Score: 1
    1. When's the last time you heard of a waiter signing an NDA?
    2. When's the last time you heard of a waiter or restaurant being sued for breaching a contract like this?

    In real life, people who steal credit card numbers, if caught, are sent to jail. This is true even in cases where there has not yet been any monetary theft via the credit card numbers, because the law assumes that the only reason someone would have credit card details is to misuse them.

  68. you didn't read your own link carefully by slew · · Score: 1

    Was this intrusion of solitude? No, this was a blogger, who was trying to get publicity (albeit under a pseudonym).

    Was this a public disclosure of private facts? No, disclosure of identity wasn't publically offensive and it was definitely newsworthy.

    Was this false light? No, it wasn't publically offensive, nor was the disclosure of identity misleading.

    Was this an appropriation of name or likeness? No, this was identification of writings made by the blogger.

    A person doesn't have an absolute right to privacy (otherwise papperazii and credit bureaus wouldn't exist), although it's quite probable that laws, oaths, duties, or contracts were broken in the attempt to pierce this veil of privacy in this particular case.

  69. Re:Blog Police. by Anonymous Coward · · Score: 0

    Twitter, it doesnt matter what you say anymore. You have been outed for a long time.
    Enjoy Karma Hell, you earned it!