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Legislation In New York To Ban Anonymous Speech Online

Fluffeh writes "Republican Assemblyman Jim Conte said, '[this] turns the spotlight on cyberbullies by forcing them to reveal their identity.' Republican Senator Thomas O'Mara added, '[this will] help lend some accountability to the Internet age.' The two are sponsoring a bill that would ban any New York-based websites from allowing comments (or well, anything) to be posted unless the person posting it attaches their name to it. But the bill also goes further, saying New York-based websites, such as blogs and newspapers, must 'remove any comments posted on his or her website by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post.'"

70 of 398 comments (clear)

  1. Ridiculous, Impossible, Etc. by eldavojohn · · Score: 5, Insightful

    21 2. A WEB SITE ADMINISTRATOR UPON REQUEST SHALL REMOVE ANY COMMENTS
    22 POSTED ON HIS OR HER WEB SITE BY AN ANONYMOUS POSTER UNLESS SUCH ANONY-
    23 MOUS POSTER AGREES TO ATTACH HIS OR HER NAME TO THE POST AND CONFIRMS
    24 THAT HIS OR HER IP ADDRESS, LEGAL NAME, AND HOME ADDRESS ARE ACCURATE.
    25 ALL WEB SITE ADMINISTRATORS SHALL HAVE A CONTACT NUMBER OR E-MAIL
    26 ADDRESS POSTED FOR SUCH REMOVAL REQUESTS, CLEARLY VISIBLE IN ANY
    27 SECTIONS WHERE COMMENTS ARE POSTED.

    What about CDNs physically located in NY that serve news and video from very popular sites? And how are you going to verify all this information? Like, I go through Tor, I tell you I'm Jim Conte, I give you his home address and then I verify that I'm indeed him and all this time someone on the staff of this news site is ... doing what exactly? Verifying how? Are they calling ISPs and saying "Hey, does this IP address check out for this home address? And how on Earth are they going to be able to afford to do this for anonymous comments?

    --
    My work here is dung.
    1. Re:Ridiculous, Impossible, Etc. by durrr · · Score: 5, Insightful

      They are technological illiterates like most legislators and belive that human laws work like laws of nature, if you write them down they'll start enforcing themself.

      Did i mention they're also first rate morons?

    2. Re:Ridiculous, Impossible, Etc. by Anonymous Coward · · Score: 4, Interesting

      The New York State Legislature has been a complete retard rodeo for as long as I've been paying attention to it. Anyone with half a brain uses it as a jumping-off point to a better office, i.e. US Congressman, NYS comptroller, lieutenant governor, etc.

      Occasionally there will be one smart person who decides to remain there to corral them in and lead them in a solid, purposeful direction. Unfortunately this "one smart person" is often a crook, and the "solid, purposeful direction" is therefore, well, you get the idea. The last one was Joe Bruno; he's currently in prison.

      This is why I never bought the whole "we should leave more things up to the states to decide" line of argument: as bad as the US Congress is, state legislatures are generally solidly worse; they just don't get as much press. Or maybe this is just a New York thing and other states are different, I don't know.

    3. Re:Ridiculous, Impossible, Etc. by HungryHobo · · Score: 4, Interesting

      they can't, that's the point. So anon comments will effectively be banned.

      since verifying the person is who they say they are is prohibitively hard it'll also do away with user generated content and we can go back to the way things were in the good old days with massive media companies telling us what to think without every tom dick and harry giving their opinion.

    4. Re:Ridiculous, Impossible, Etc. by SJHillman · · Score: 3, Funny

      Having been to Albany to talk to state legislators a few times, they are mostly idiots. There's a few of them wouldn't even give us a meeting unless they knew we were bringing "a gift." That said, not all of them are idiots. I've gone to a baseball game or two with one of the reps from where I grew up... unfortunately, the smart ones usually stay away from technology issues simply because they know that they don't know enough to make any laws about it.

      Also, I didn't know laws of nature needed to be written down to be in effect. If we burn every book mentioning gravity, maybe we can get flying cars fast!

    5. Re:Ridiculous, Impossible, Etc. by freeweaver · · Score: 5, Insightful

      Yes it is impossible to enforce. But please don't think for a second that the people writing these "laws" are just stupid, that would be dangerous.

      The intention behind this move is simply to create a legal framework which allows those in control to censor ANY comment which is contrary to propagandised opinion.

      If you or I make a valid yet controversial comment on a website based in NY, the appropriate people will be alerted, the comment will be taken down, and a statement will be issued in its place:

      "This commenters identification could not be verified."

    6. Re:Ridiculous, Impossible, Etc. by c0lo · · Score: 3, Insightful

      What about CDNs physically located in NY that serve news and video from very popular sites? And how are you going to verify all this information? Like, I go through Tor, I tell you I'm Jim Conte, I give you his home address and then I verify that I'm indeed him and all this time someone on the staff of this news site is ... doing what exactly? Verifying how? Are they calling ISPs and saying "Hey, does this IP address check out for this home address? And how on Earth are they going to be able to afford to do this for anonymous comments?

      Show me you palm, Jim Conte. Hmmm... yes, yes... see that line there? I can tell you by the look of it: your wish will be granted, in a very near future, no Websites will be hosted and no CDN-es will have presence in NY... but when it happens, if you'll remind your voters about your success, they'll throw rotten eggs at you.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    7. Re:Ridiculous, Impossible, Etc. by Anonymous Coward · · Score: 2, Insightful

      21 2. A WEB SITE ADMINISTRATOR UPON REQUEST SHALL REMOVE ANY COMMENTS
        22 POSTED ON HIS OR HER WEB SITE BY AN ANONYMOUS POSTER UNLESS SUCH ANONY-
        23 MOUS POSTER AGREES TO ATTACH HIS OR HER NAME TO THE POST AND CONFIRMS
        24 THAT HIS OR HER IP ADDRESS, LEGAL NAME, AND HOME ADDRESS ARE ACCURATE.
        25 ALL WEB SITE ADMINISTRATORS SHALL HAVE A CONTACT NUMBER OR E-MAIL
        26 ADDRESS POSTED FOR SUCH REMOVAL REQUESTS, CLEARLY VISIBLE IN ANY
        27 SECTIONS WHERE COMMENTS ARE POSTED.

      What about CDNs physically located in NY that serve news and video from very popular sites? And how are you going to verify all this information? Like, I go through Tor, I tell you I'm Jim Conte, I give you his home address and then I verify that I'm indeed him and all this time someone on the staff of this news site is ... doing what exactly? Verifying how? Are they calling ISPs and saying "Hey, does this IP address check out for this home address? And how on Earth are they going to be able to afford to do this for anonymous comments?

      Adding to that, how does this measure stop anonymous posting or increases accountability?

      My details:

      John Smith
      (917) 345-3445
      59 W 46th St
      New York, NY 10036

      Prove it isn't me.

    8. Re:Ridiculous, Impossible, Etc. by Anonymous Coward · · Score: 5, Insightful

      Hello? Thomas Paine published Common Sense anonymously. James Madison published The Federalist Papers anonymously, and Ben Franklin published a whole host of material anonymously. Anonymous political discourse was absolutely instrumental in creating the United States.

    9. Re:Ridiculous, Impossible, Etc. by silentcoder · · Score: 4, Insightful

      >You could hand write everything, but making copies would be very troublesome and time consuming.

      Oh and this line... guess those historians also got wrong the date of the invention of the printing press - since this event which changed the world forever is supposed to have happened a long time before the U.S. constitution got it's first amendment.
      Wait... didn't Benjamin Franklin use to run a newspaper ? With a printing press ?

      If anything we have LESS anonymity now than we had back then. Nobody 400 years ago could actually prove beyond a reasonable doubt which printing press produced a copy, or where it was originally typeset.

      --
      Unicode killed the ASCII-art *
    10. Re:Ridiculous, Impossible, Etc. by malakai · · Score: 2

      Hello? Thomas Paine published Common Sense anonymously. James Madison published The Federalist Papers anonymously, and Ben Franklin published a whole host of material anonymously. Anonymous political discourse was absolutely instrumental in creating the United States.

      This. Grandparent post is mostly wrong. Sure people standing up and being held accountable for their view point certainly helped change the world, but before that flash point were many anonymous letters and meetings...

    11. Re:Ridiculous, Impossible, Etc. by 1u3hr · · Score: 5, Informative

      Well, when the first amendment was written, pretty much all speech was not anonymous. The first amendment was passed in 1789. ... . The people who have caused political change have done so by being intentionally not anonymous.

      Wrong. Very wrong.

      The Federalist Papers
      The Federalist Papers are a series of 85 articles or essays promoting the ratification of the United States Constitution written by Alexander Hamilton, James Madison, and John Jay. Seventy-seven of the essays were published serially in The Independent Journal and The New York Packet between October 1787 and August 1788. ...At the time of publication, the authorship of the articles was a closely guarded secret

    12. Re:Ridiculous, Impossible, Etc. by AngryDeuce · · Score: 4, Insightful

      This is why I never bought the whole "we should leave more things up to the states to decide" line of argument

      As someone living in Wisconsin, I completely agree.

      I shudder to think how much worse the fuckheads in this state's government would have screwed us if they'd had more power. They did enough damage with the power they have. We've got a full-blown witch hunt going on right now over people who signed a recall petition against Governor Walker, our Supreme Court justices are physically assaulting each other, disenfranchisement efforts are in full swing, and women now have to prove to a doctor they're not being coerced before they're allowed to have an abortion (because, you know, there are tons of forced abortions in this country, am I right?) and allowing schools to restrict sex-ed programs to abstinence-only...

      Luckily we can still recall our reps, although they did everything they could to try and take that right away from us, too.

    13. Re:Ridiculous, Impossible, Etc. by silentcoder · · Score: 2

      >I agree with the Parent that Martin Luther King would not be as effective today hiding behind a pseudonym and a faceless blog as he was when he took the National Mall

      As I stated in my other post, how effective anonymous speech may or may not be at any given goal is not relevant to the question of whether it is a valid and protected form of free speech. The claims by the OP that the first amendment does not apply to anonymous speech since it didn't exist at the time are ludicrous and easily disproven - so we must come to the conclusion that the 1st amendment IS intended to protect anonymous speech as well.

      --
      Unicode killed the ASCII-art *
    14. Re:Ridiculous, Impossible, Etc. by Cytotoxic · · Score: 5, Insightful

      so then, how is it you know these people published anonymously...and exactly what it was they had published? seems it wasn't so anonymous.

      Because they won.

    15. Re:Ridiculous, Impossible, Etc. by Joce640k · · Score: 3, Funny

      The New York State Legislature has been a complete retard rodeo for as long as I've been paying attention to it.

      I'm waiting for a flurry of posts all made by "Republican Assemblyman Jim Conte"

      --
      No sig today...
    16. Re:Ridiculous, Impossible, Etc. by PopeRatzo · · Score: 2

      No, they're Republicans in NY. That makes them SECOND-rate morons.

      I know, right? And the few times they get somebody in office that doesn't seem to be a complete moron, does a decent job, he does something like pay a hooker with a personal check, proving that he is indeed a first-rate moron.

      Of course, being the highly moral people we are, we cannot tolerate someone who visits prostitutes. Lying to start phony wars or trading weapons to Iranians for hostages is no problem, but you better not do anything, you know, dirty.

      --
      You are welcome on my lawn.
    17. Re:Ridiculous, Impossible, Etc. by CastrTroy · · Score: 2

      Well, you certainly could try to publish stuff anonymously, but it was a lot riskier back then. Most people didn't have a printing press in their basement. You had to deliver the material to the printing press owner and hope that he didn't sell you out to the authorities. You could even send some lackey to deliver the letter, but they could rat you out as well. You still had to be willing to stand behind what you had said. Sure there were "anonymous" letters, but if the guy running the printing press didn't like your message, he didn't have to print them. And he was putting his ass on the line. Who's to say that someone against the message wouldn't go and destroy the press. It's only recently that people have been able to publish something for the whole world to see with pretty much no trail. It's possible to do it on the internet, but very difficult to do it right. Even organizations like Wikileaks who pride themselves on letting whistle blowers get their message out anonymously have had their anonymous tipsters revealed.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    18. Re:Ridiculous, Impossible, Etc. by MightyMartian · · Score: 5, Informative

      The Federalist Papers, you moron.

      Fucking hell but it's a sad testament to the American education system that you could say something like that.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    19. Re:Ridiculous, Impossible, Etc. by Bigby · · Score: 4, Insightful

      So you are saying it is better that those things happen to 300,000,000 people instead of 5,700,000?

    20. Re:Ridiculous, Impossible, Etc. by beowulfcluster · · Score: 3, Insightful

      So where is Slashdot based? There wouldn't be many comments left on here if anonymous ones are banned. The cowards aren't the only ones, obviously.

    21. Re:Ridiculous, Impossible, Etc. by oh_my_080980980 · · Score: 2, Insightful

      Really? How easy is it to sell your house, find a new house, buy the new house, get a new job, and locate good schools for your children??

      If you think that's easy, then it's just as easy to move to another country like Canada.

      Moron.

    22. Re:Ridiculous, Impossible, Etc. by Lucky75 · · Score: 4, Insightful

      When you give power to the local states, you're not making it smaller, you're just shifting the power to someone else who is just as corrupt and gets less media attention.

      --
      DNA -- National Dyslexic Association
    23. Re:Ridiculous, Impossible, Etc. by KlomDark · · Score: 3, Funny

      /20, /21 - whatever it takes...

    24. Re:Ridiculous, Impossible, Etc. by Thelasko · · Score: 2

      This is why I never bought the whole "we should leave more things up to the states to decide" line of argument: as bad as the US Congress is, state legislatures are generally solidly worse; they just don't get as much press.

      In my opinion, the lack of press coverage is why state legislatures are so bad.

      State and local governments generally have a bigger impact on your day to day life than the federal government, yet no one pays any attention to them.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    25. Re:Ridiculous, Impossible, Etc. by zzsmirkzz · · Score: 4, Informative

      When you give power to the local states, you're not making it smaller, you're just shifting the power to someone else who is just as corrupt and gets less media attention.

      and lives close to you, where you can make your opinion heard. Not to mention their sphere of influence is smaller. The point in having people with the power to do things that affect you most, closer to you, and on a smaller scale, is obvious (or at least, it should be). Besides, if they are all morons, why don't you run against them next election and win. It's easier on a local/state scale than on the federal level (which is why you don't want everything handled at the federal level).

    26. Re:Ridiculous, Impossible, Etc. by tnk1 · · Score: 4, Insightful

      Are you shitting me? I sit on an HOA Board of Directors for only one reason: no one else wants to do the job. My predecessor *died* and I was brought in because they needed to prevent receivership and loss of property value for everyone that would entail. I do my best to avoid as much of it as I can.

      Let me make this clear. HOAs may seem like they are not accountable. I have joked that I could spend money building a statue of myself in the common area and no one could stop us, but do you know why? Because no one can be bothered to actually a) go to meetings, b) read the shit we send them, c) vote. That doesn't mean, however, that I am less accountable. I am a lot more accountable than some senator or representative. I "represent" only 200 households, not 300,000. And all of those people know where I live. When I take a walk, I invariably pass their houses. The thing is, no one is holding me accountable for anything. The most we get are people bitching at us at hearings when they didn't read the rules and painted their deck puke green and now they have to fix it. And I wouldn't even care about that as much, except as a Director, I have a legal obligation to act in the best interests of the community and according to it's legally enacted rules and covenants.

      We literally have to collect proxies and elect ourselves at the annual meeting. If that's a tyranny, then it is one that is being run with the fullest cooperation of the tyrannized.

      There is no reason this has to be, except the fact that no one wants to bother. And I don't blame them. Being on an HOA Board isn't privilege, it's work. If you wanted to move to my community and get elected to the board, I will be happy to step down. Of course, I will move from the community as soon as I can if you are a moron and enforce nothing, but please don't get the idea that there is no accountability. There is plenty, it's just that no one bothers to care.

    27. Re:Ridiculous, Impossible, Etc. by mcgrew · · Score: 3, Informative

      No research says marijuana is addictive. Show me a single case of anyone going to the ER for pot. It IS total bullshit, fucking lies.

      Look at the Partnership For A Drug Free Anerica's web site. They claimed for years that marijuana was carcinogous, until a cople of years ago when they were trying to demonstrate its link to cancer and found that there was no statistical difference in cancer rates between pot smokers and nonsmokers (and the pot smokers had fewer cancers than nonsmokers), and that cigarette smokers who also smoked pot had half as many cancers as those who only smoked cigs.

      Now the site says "marijuana contains carcinogens". Fucking morons, PFADFA lies about marijuana, then when the dumb kids find out that they've been lied to about pot, they don't believe them about crack and heroin, ahich ARE addictive. They're contributing to the very drug abuse they're trying to stop!

      And who is behind this "partnership"? The drug lords have apparently been bribing every damned politician in the country.

    28. Re:Ridiculous, Impossible, Etc. by Anonymous Coward · · Score: 3, Insightful

      This is why I never bought the whole "we should leave more things up to the states to decide" line of argument

      And this is exactly why I DO buy the whole "we should leave more things up to the states to decide" line of argument. State legislatures can do some pretty stupid things, true. But the damage they can do is limited and localized for the most part.

      Just wait until the US Congress hears about this proposed law and starts salivating at the prospects. I'd rather have New York websites instead of all US websites on my "do not visit" list.

      Posted anonymously just because I can (for now).

    29. Re:Ridiculous, Impossible, Etc. by Khyber · · Score: 2, Insightful

      "How easy is it to sell your house, find a new house, buy the new house, get a new job, and locate good schools for your children?? "

      With the exception of children (as I have none) it hasn't been difficult at all.

      Finances, learn how to control them.

      If you think it's not easy, I'm willing to bet you aren't taking good care of your finances, savings, etc.

      And I've got both dual-state and dual-country citizenship (CA/TN, USA/UK)

      Who's the moron, here?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    30. Re:Ridiculous, Impossible, Etc. by BoberFett · · Score: 2

      So then surely countries are a relic as well. One world government, eh?

    31. Re:Ridiculous, Impossible, Etc. by EverlastingPhelps · · Score: 2

      Never underestimate the power of a horde of loud old people yelling through your office door.

  2. As usual by Squiddie · · Score: 2, Insightful

    Lawmakers don't have a clue what they are doing and whenever they do something it's only for the ruination of things we enjoy.

  3. Fucking retarded... by AngryDeuce · · Score: 3, Insightful

    Guess I won't be posting on any more websites hosted in New York.

    What a great way to drive business away from your state. How long before they're all relocated in Jersey? Days?

  4. I propose an alternative law ... by KillaBeave · · Score: 5, Insightful

    ... that sissies are not allowed on the internet. Is trolling/cyber-bullying bad, sure it is and I'm not condoning it. It's just sad that people are so thin-skinned that some goobers in politics feel the need to attempt to outlaw trollish comments!

    Of course this probably has nothing to do with cyber-bulling or trolling and likely has everything to do with stopping leaks, dissent and general repression of free speech. After all, there is no speech more free than anonymous speech. Are they banning anon tips to the police and anon letters to the editor as well?

    1. Re:I propose an alternative law ... by SJHillman · · Score: 4, Insightful

      This is why children generally shouldn't be online unsupervised any more than they should be wandering the town unsupervised. By the time they're old enough to do that, they're usually old enough to cope with a little cyber bullying.

    2. Re:I propose an alternative law ... by KillaBeave · · Score: 3, Insightful

      Very true, but I hope that I can instill in my daughter enough self-confidence and common sense that she'll be able to brush this type of stuff off as the worthless ramblings/rants of people who are lashing out because they are subconsciously aware that they are "peaking" in HS ... and life is all downhill for them.

      Everyone had to deal with this type of stuff growing up in one way or another. How one dealt with it says quite a lot about their character or lack there of. Dealing with assholes is a fact of life that will never go away and a life skill that we all sadly must learn. Thankfully my daughter is only 3 and I've got a while before I need to deal with this type stuff.

      I very much agree that there is currently a large failure in schools to mitigate these situations in meatspace. I really think they're harping about the "cyber" part of it because there's a paper trail for them to fall back on.

    3. Re:I propose an alternative law ... by CastrTroy · · Score: 4, Interesting

      We always wandered the town unsupervised. Sure we got into a little bit of trouble, but it was a lot better than the current state, where children never go outside, and we have massive problems with obesity. I think it's kind of sad that the baseball fields in my area never get used except for little league games. We used to always play baseball, hockey, football, whatever. Go knock on the doors the doors of every kind in the neighborhood until you had enough people to play, and start a game. Online isn't any different. You just have to teach your kids how to deal with people causing problems. On the internet, it's so easy. If you don't like what someone else is saying, just go somewhere else.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    4. Re:I propose an alternative law ... by hackula · · Score: 2

      Or just enforce the existing laws on the books. If you pull a Mitt Romney and beat up the gay kid, then you get prosecuted for assault. By calling this behavior "bullying", even with these special laws, we are ignoring the fact that many of these behaviors are already serious crimes that need to be stomped out. Seriously, we let kids get away with the most insane behavior that would never be tolerated in any other environment. If you punched some random guy on the street, kicked him, and spit on him, you would be in jail. If a middle schooler does the same thing, they are asked to shake the kids hand and apologize. No wonder we have such a big bullying problem; we tolerate abhorrent behavior and are training little crazy ass monsters.

  5. Federalist Papers by mykos · · Score: 4, Informative

    Good thing we didn't have laws like this when the Federalist Papers were written.

  6. New York by SJHillman · · Score: 2

    If there's one thing New York is good at, it's driving away businesses. I've watched cities around the state raise commercial taxes claiming it will bring in businesses, vote down major infrastructure improvements because it would "hurt businesses" and try to turn already clogged five lane avenues into two lane streets to "force people to slow down so they will see all of the businesses along that road".

  7. So maybe now... by Anonymous Coward · · Score: 4, Funny

    you fuckers will start treating AC posts with some respect!

  8. Another reason not to live in New York by J'raxis · · Score: 4, Interesting

    This will probably cost New York a pretty penny if it passes and they get sued over it.

    Fortunately, crap like this wouldn't even make it out of the gate in New Hampshire, where I live, not after our legislature created a "constitutional review" standing committee a couple years ago. Any bill that a legislator believes to be possibly unconstitutional gets referred to that committee after coming out of its first committee, and they get to attach their recommendation when the bill gets voted on by the full legislature.

    1. Re:Another reason not to live in New York by Darkness404 · · Score: 2

      The problem isn't necessarily with the state governments, in most cases its easy enough to move out of their jurisdiction. The problem is with the federal government which is now crafting insane laws to make it nearly impossible to leave (through passport restrictions and now a proposal that would bar individuals who the government believes to have expatriated for "tax purposes" from returning to the US, force them to pay even more taxes despite the fact they are no longer US citizens AND is retroactive!).

      And sadly, unless New Hampshire leaves the US government, they are still under those same oppressive laws.

      --
      Taxation is legalized theft, no more, no less.
    2. Re:Another reason not to live in New York by dkleinsc · · Score: 2

      The New Hampshire House is probably the most functional state legislature in the country, for 2 major reasons:
      1. Each representative only represents about 4,000 people, so their constituents usually either know them or know somebody who knows them. (When I was growing up in NH, I knew about a half-dozen)
      2. They get paid $100 per year. That means everybody in the House is really your everyday citizen, and not a professional politician. For instance, a former Speaker runs a day care center, another rep I knew worked as an elevator operator.

      They also have a well-established culture of putting good governance ahead of partisanship. That makes a big difference when the questions are things like "Is this constitutional?" and "Is this idea something that might work?" and focuses the disagreements more on "Is this the right priority for the state?"

      I'm not sure if you're a Free-Stater, but my impression was that a lot of Free-Staters showed up in NH, got elected, geared up for all sorts of political battles, and instead got mostly handshakes, smiles, and a genuine interest in their ideas.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  9. Out of touch legislators by stevegee58 · · Score: 3, Insightful

    Just goes to show how out of touch our legislators have become to believe it's even technically possible, let alone constitutional.
    They're so disconnected from reality (i.e. the normal lives of their constituents) that it's like being ruled by space aliens.

  10. Anonymity = Free Speech by CuteSteveJobs · · Score: 5, Insightful

    Anonymity is necessary for Joe Public to exercise his right to free speech. The rich and powerful can't crush him like a bug if they don't know who he is.

    1. Re:Anonymity = Free Speech by IceNinjaNine · · Score: 2

      Anonymity is necessary for Joe Public to exercise his right to free speech. The rich and powerful can't crush him like a bug if they don't know who he is.

      This is EXACTLY what I was thinking. What they really want is SLAPP suit fodder. If you criticize them (the politicians and the interests lining their pockets), they want to be able to make you to sit down and shut the fuck up, and also make it painful enough that you won't DARE do it again.

  11. Ok this is stupid by IWantMoreSpamPlease · · Score: 2

    We all agree on that, but I have to wonder where this is coming from? I don't mean from the (R) fellow, but where the money trail leads to. Maybe because I'm tired, but I can't think of who stands to monitarily benefit from this. Google? FBI? What's the point...?

    --
    So rise up, all ye lost ones, as one, we'll claw the clouds.
    1. Re:Ok this is stupid by T.E.D. · · Score: 2

      Hanlon's Razor applies here; there isn't likely some grand conspiracy. Most likely, "the (R) fellow" didn't like something somebody said about him in an anon comment. Probably something comparing his IQ to that of a fungus would be my guess.

  12. Consider... by martinux · · Score: 3, Funny

    Listen, I'm not saying that anyone who posts anonymously is definitely racist, I'm just saying that we can't currently prove that they aren't.

    - MickB1942.

  13. My name is Jim Conte and I'm a clueless legislator by Maximum+Prophet · · Score: 3, Funny

    In the US, you can call yourself anything you want to, as long as you aren't trying to defraud someone. While they *might* be able to enforce this for NY residents, people who live in other states or countries would be free to do as they pleased.

    I'm Jim Conte, you're Jim Conte, we're all JC. If this bill passes, I propose that slashdot change "Anonymous Coward" to "Jim Conte" (Oh, I see, he just wants to go down in history with Ted "Series of Tubes" Stevens, and Santorum)

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  14. Who could have foreseen? by Baldrson · · Score: 2
    From a 1982 essay:

    The first obstacle is, of course, legal. As the knights of U.S. feudalism, corporate lawyers have a penchant for finding ways of stomping out innovation and diversity in any way possible. In the case of videotex, the attempt is to keep feudal control of information by making videotex system ownership imply liability for information transmitted over it. For example, if a libelous communication takes place, corporate lawyers for the plaintiff will bring suit against the carrier rather than the individual responsible for the communication. The rationalizations for this clearly unreasonable and contrived position are quite numerous. Without a common carrier status, the carrier will be treading on virgin ground legally and thus be unprotected by precedent. Indeed, the stakes are high enough that the competitor could easily afford to fabricate an event ideal for the purposes of such a suit. This means the first legal precedent could be in favor of holding the carrier responsible for the communications transmitted over its network, thus forcing (or giving an excuse for) the carrier to inspect, edit and censor all communications except, perhaps, simple person-to-person or "electronic mail". This, in turn, would put editorial control right back in the hands of the feudalists. Potential carriers' own lawyers are already hard at work worrying everyone about such a suit. They would like to win the battle against diversity before it begins. This is unlikely because videotex is still driven by technology and therefore by pioneers.

    The question then becomes: How do we best protect against such "legal" tactics? The answer seems to be an early emphasis on secure identification of the source of communications so that there can be no question as to the individual responsible. This would preempt an attempt to hold the carrier liable. Anonymous communications, like Delphi conferencing, could even be supported as long as some individual would be willing to attach his/her name to the communication before distributing it. This would be similar, legally, to a "letters to the editor" column where a writer remains anonymous. Another measure could be to require that only individuals of legal age be allowed to author publishable communications. Yet another measure could be to require anyone who wishes to write and publish information on the network to put in writing, in an agreement separate from the standard customer agreement, that they are liable for any and all communications originating under their name on the network. This would preempt the "stolen password" excuse for holding the carrier liable.

    One must bear in mind that this was back when private companies still had a shot at establishing the network effect now realized by the Internet.

  15. A new era dawns by pipboy9999 · · Score: 2

    I hope this doesn't signal a new "I'll get my bill auto-approved by saying it addresses _____" era. While I support almost any thing to stop bullying, I worry that this is just a "well we tried bill".

    --
    Yeah, I've got nothing...
  16. Irony by AlKaMo · · Score: 5, Insightful

    This law would likely do exactly the opposite of what it's theoretically intended to do. When someone posts something that you don't like, you'll have all the information you need to stalk and harass the poster. Forget online bullying, this would enable physical bullying.

  17. Re:Hi, I'm Anonymous Coward... by 6Yankee · · Score: 5, Funny

    Something tells me "Jim Conte" and "Thomas O'Mara" will be doing a lot of comment posting if this goes through...

  18. This won't take long by gruntled · · Score: 4, Informative

    In McIntyre v. Ohio Elections Commission, a 1995 decision by the U.S. Supreme Court, the Court found that "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."

    1. Re:This won't take long by Anonymous Coward · · Score: 3, Informative

      Also see Talley v California, a 1960 US Supreme Court decision declaring that a local ordinance banning the posting of anonymous handbills was unconstitutional. The Court said:

      "There can be no doubt that such an identification requirement would tend to restrict freedom to distribute information and thereby freedom of expression. "Liberty of circulating is as essential to that freedom as liberty of publishing; indeed, without the circulation, the publication would be of little value." Lovell v. Griffin, 303 U.S., at 452 .

      Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all. The obnoxious press licensing law of England, which was also enforced on the Colonies was due in part to the knowledge that exposure of the names of printers, writers and distributors would lessen the circulation of literature critical of the government. The old seditious libel cases in England show the lengths to which government had to go to find out who was responsible for books that were obnoxious [362 U.S. 60, 65] to the rulers. John Lilburne was whipped, pilloried and fined for refusing to answer questions designed to get evidence to convict him or someone else for the secret distribution of books in England. Two Puritan Ministers, John Penry and John Udal, were sentenced to death on charges that they were responsible for writing, printing or publishing books. 6 Before the Revolutionary War colonial patriots frequently had to conceal their authorship or distribution of literature that easily could have brought down on them prosecutions by English-controlled courts. Along about that time the Letters of Junius were written and the identity of their author is unknown to this day. 7 Even the Federalist Papers, written in favor of the adoption of our Constitution, were published under fictitious names. It is plain that anonymity has sometimes been assumed for the most constructive purposes."

      Someone in New York should study up on their constitutional law.

  19. What could possibly go wrong?! by jaminJay · · Score: 2
    • Person A sees person B's real name and address-identifiable post that they find disagreeable.
    • Person A bullies person B in meatspace.
    • Person A and B have no other contact with each other whatsoever and person A has never posted on site-in-question.

    How does this alleviate bullying, again?

    I assume that the 'deanonymized' data would not be shown for most people, but it must be for the site owner (apparently), so even if it's not hacked and exposed, the site owner is now a target for social engineering or direct manipulation or even bullying

    --
    Leela: "Is all the work done by children?" Alien: "No, not the whipping."
  20. Oh please...please... by geekmux · · Score: 2

    ...let Anonymous kindly step in and do its thing with Mr. Conte/O'Mara...that would be a nice ironic touch here.

    I love when politicians bring forth these kinds of "true identity" issues, for they are usually the LAST ones who wish to have certain activities tied to them. Perhaps feeding them a dose of their own medicine would shift opinion.

  21. Re:My name is Jim Conte and I'm a clueless legisla by Jim+Conte · · Score: 4, Informative

    I'm Jim Conte, wtf are you talking about?

  22. In other news... by MachineShedFred · · Score: 2

    ... colocation facilities in New Jersey and Connecticut see a rise in business.

    Do these idiots know that electrons don't care about state boundaries?

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  23. Evil but not ridiculous by morgauxo · · Score: 2

    My first thought, like many of the comments here was that this would be completely unenforceable. Then I realized, it doesn't have to be enforced across the board. Sure, there is no way a law can completely eliminate anonymous speech on the internet, especially a law that is only applied to one state. What this does do however is give anyone who is against free, anonymous speech a new tool for removing posts they don't like from the internet. If the site is hosted in NewYork this is a 'get it off the net free' card for anybody who wants to remove something.

  24. Re:My name is Jim Conte and I'm a clueless legisla by 2names · · Score: 2

    I'm Jim Conte and so's my wife!

    --
    "I'm just here to regulate funkiness."
  25. that's backwards by PJ6 · · Score: 3, Insightful

    '[this will] help lend some accountability to the Internet age.'

    Why don't we focus on transparency and accountability in our leadership first?

    How could the problems caused by any individual even begin to compare to the damage government failures cause?

  26. Works for me, if they... by rickb928 · · Score: 3, Insightful

    apply this to all media, including print and radio.

    What? You can't really verify someone's identity when they call in to a radio show? And those letters to-the-editor are similarly also difficult to ascertain the true authorship of?

    Oh my, we've NEVER had any way to do this? The horror!

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  27. Re:Don't panic.. by Jason+Levine · · Score: 2

    It might not get anywhere, but pieces of legislation like this give us a glimpse of what certain legislators would pass if they got the chance. Reason enough to vote them out so they never get the chance.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  28. Re:So now you guys LIKE Anonymous Cowards? by Jason+Levine · · Score: 3, Insightful

    Many Slashdotters might not read or reply to Anonymous Cowards as a general rule, but they'll defend their right to comment!

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  29. Re:this law makes sense on local forums by russotto · · Score: 2

    here you have people who hide and pick out neighbors by name and viciously lie and attack them, constantly, always carefully from hiding

    Yes, so there are anonymous douchebags. That doesn't mean anonymity should be banned. There's no way you can craft a law which would effectively ban anonymity in the case of slander of private parties, and not end up with a law which would be mostly used for banning anonymity in other cases. First thing they'd use it for in NYC is going after anyone who anonymously wrote anything bad about the NYPD or Commissioner Ray Kelly, probably.

    if you don't like this legislation, fine. then what is YOUR answer to cyberbullying in small local communities?

    Doesn't work that way. You don't get to identify a problem, propose a totally ridiculous solution, then shift the burden of solving the problem to anyone opposing your solution.