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Facebook Ordered To End Its Real Name Policy In Germany
An anonymous reader writes with a blow to Facebook's policy banning accounts under pseudonyms. From the article: "A German privacy regulator ordered Facebook to stop enforcing its real name policy because it violates a German law that gives users the right to use nicknames online. 'We believe the orders are without merit, a waste of German taxpayers' money and we will fight it vigorously,' a Facebook spokeswoman said in an emailed statement."
http://www.cgerli.org/fileadmin/user_upload/interne_Dokumente/Legislation/Telemedia_Act__TMA_.pdf
The important section is 13.6:
The service provider must enable the use of telemedia and payment for them to occur
anonymously or via a pseudonym where this is technically possible and reasonable. The
recipient of the service is to be informed about this possibility.
(emphasis mine)
Since it's obviously technically possible, Facebook will have to argue that it's unreasonable.
But wait, they don't have freedom of speech or the right to bear arms in Germany so how can this be?
Article 5 of the German Basic Law (Grundgesetz) would disagree with you on freedom of speech (specifically: freedom of expression). It states:
(1) Every person shall have the right freely to express and disseminate his opinions in speech, writing, and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
(2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honor.
(3) Art and scholarship, research, and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution.
There are of course limits to this as indicated by the second statement; but I've yet to see a country where this is not the case. Even in the much flaunted "free" USA, Wikipedia informs me:
In the United States freedom of expression is protected by the First Amendment to the United States Constitution. There are several common law exceptions including obscenity, defamation, incitement, incitement to riot or imminent lawless action, fighting words, fraud, speech covered by government granted monopoly (copyright), and speech integral to criminal conduct. There are federal criminal law statutory prohibitions covering all the common law exceptions other than defamation, of which there is civil law liability, as well as making false statements (lying) in "matters within the jurisdiction" of the federal government, speech related to information decreed to be related to national security such as military and classified information, false advertising, perjury, privileged communications, trade secrets, copyright, and patents. Most states and localities have many identical restrictions, as well as harassment, and time, place and manner restrictions.
Overall, it seems similar.
My book about LSD and Self-Discovery
Also on facebook as: DroppingAcidDaleBewan
More, in most civilised jurisdictions, you or anyone else can use a "nickname" perfectly legally for most purposes, as long as the intent isn't to defraud. The scale runs all the way from "McName -> MacName" through "Elizabeth -> Liz" to "Raymond Luxury-Yacht -> Throatwobbler Mangrove".
If you were blocking sigs, you wouldn't have to read this.
The actual friends I might want to connect with would know the alias is me. Potential employers, advertisers, and other stalkers wound not. Sounds good!
That the US government is spying on social networks is fact shown multiple places. And only the EFF seems to be doing anything to slow it.