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Senior Homeland Security Official Says Internet Anonymity Should Be Outlawed (dailydot.com)

Patrick O'Neill writes: A senior Homeland Security official recently argued that Internet anonymity should outlawed in the same way that driving a car without a license plate is against the law. "When a person drives a car on a highway, he or she agrees to display a license plate," Erik Barnett, an assistant deputy director at U.S. Immigration and Customs Enforcement and attache to the European Union at the Department of Homeland Security, wrote. "The license plate's identifiers are ignored most of the time by law enforcement. Law enforcement will use the identifiers, though, to determine the driver's identity if the car is involved in a legal infraction or otherwise becomes a matter of public interest. Similarly, should not every individual be required to display a 'license plate' on the digital super-highway?"

55 of 532 comments (clear)

  1. Basically no by maroberts · · Score: 5, Insightful

    Because of the First Amendment, including the right to say things anonymously which has been upheld by the courts numerous times,

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

    1. Re:Basically no by postbigbang · · Score: 5, Insightful

      .... as we creep slowly-- no rapidly descend towards fascism. Why don't they rename DHS to DACL-- Department of Anti-CIvil Liberty?

      --
      ---- Teach Peace. It's Cheaper Than War.
    2. Re:Basically no by Anonymous Coward · · Score: 2, Interesting

      I'm sorry - the first amendment lets you say what you want but has no guarantee implicit within it of any anonymity. The courts likewise have not granted anonymity; they say that you are responsible for your speech. Now, the analogy they give - a car analogy no less - is good. Today we have the "IP Address" which is finally becoming well known as the identifier of an account with an ISP and not as an identifier of a specific person (much like a mailbox is shared between all occupants of a house). The license plate, in the same fashion, denotes what vehicle (in most cases) was involved but likewise does not identify an individual. So I would say we ALREADY have internet parity with the license plate (except for the state getting a "registration" fee). Just like you can have spoofed IP addresses, you can have fake or stolen license plates. True story - last year I went to leave work and noticed that the year sticker on my car's license plate wasn't correct and that drew my eye to the plate number AND IT WAS NOT MY PLATE. Someone had stolen a car, taken the rear plate off and switched it with mine (the front plate was still my correct number). I guess they didn't want to get pulled over for driving a stolen car. Fortunately I reported it, the police came and picked up the stolen plate, marked mine as stolen, and the DMV issued me new plates the next day. But this is JUST LIKE A SPOOFED IP ADDRESS. Same thing. We already have parity with the license plate on the internet Mr. Homeland Security Theater...

    3. Re:Basically no by Anonymous Coward · · Score: 2, Insightful

      It is funny how people forget that the constitution doesn't guarantee rights. It is there to tell the government what rights it has. Anything not specified is left to the states or the people. I do not recall "tracking everyone" being listed as an enumerated power.

    4. Re:Basically no by Anonymous Coward · · Score: 2, Insightful

      Living inside a home or other shelter is a privilege and not a right, much like driving an automobile. As such it can be regulated and you can be required to live in the wilds 24/7/365. This is well within the government's purview.

    5. Re:Basically no by Thud457 · · Score: 3, Funny

      In a rational world[*] people who openly advocate blatant contempt of the Constitution would never be able to find a job in Government ever again.



      [*]I would like to visit there one day, hear it is nice.

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    6. Re:Basically no by roman_mir · · Score: 3, Interesting

      Correct, and the courts upheld anonymity of super PAC donors so if money is speech (and I agree that it is, because money is used to buy media time to promote a message) then the Internet is speech, because internet is money that is used to build and maintain this media that is used for speech.

    7. Re:Basically no by EricTDuckman1414 · · Score: 5, Informative

      I'm sorry - the first amendment lets you say what you want but has no guarantee implicit within it of any anonymity. The courts likewise have not granted anonymity; they say that you are responsible for your speech.

      The supreme court disagrees: https://www.law.cornell.edu/su... "Anonymity is a shield from the tyranny of the majority"

    8. Re:Basically no by Jason+Levine · · Score: 5, Interesting

      Because they need to name the department with phrasing that makes it seem like it's job is to do something tremendously good while it really has a nefarious purpose. So something like: The Department of Freedom Protection. They "protect" freedom by locking it away where nobody can use it sort of like how a toy collector locks a toy away to keep it in mint condition.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    9. Re:Basically no by kilfarsnar · · Score: 4, Insightful

      .... as we creep slowly-- no rapidly descend towards fascism. Why don't they rename DHS to DACL-- Department of Anti-CIvil Liberty?

      What, Homeland security is not fascist enough for your taste ? The program is all in the name. It has the same sound as committe for state security. You know, the whole keep the fatherland safe mantra.

      When I first heard the term "Homeland" used to describe the United States, I knew in which direction we were heading.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    10. Re:Basically no by Joce640k · · Score: 3, Insightful

      In a rational world[*] people who openly advocate blatant contempt of the Constitution would never be able to find a job in Government ever again.

      What happened to freedom of speech? He can say whatever he wants to.

      --
      No sig today...
    11. Re:Basically no by Anonymous Coward · · Score: 2, Insightful

      It's comforting to know I'm not the only one who felt this way.

    12. Re:Basically no by bondsbw · · Score: 2

      Before long the country will be renamed People's Republic of America.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    13. Re:Basically no by Maxo-Texas · · Score: 5, Informative

      https://en.wikipedia.org/wiki/...
      http://cs.stanford.edu/people/...
      http://caselaw.findlaw.com/us-...
      McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995), is a United States Supreme Court case in which the Court held that an Ohio statute that prohibits anonymous political or campaign literature is unconstitutional. Writing for the Court, Justice Stevens asserted that such action is protected by the First Amendment, and therefore violated the constitutional principle of freedom of speech.

      Mrs. McIntyre was fined $100 dollars for distributing anonymous election materials against a levy tax. In the case the Ohio Election commission vs McIntyre, the federal supreme court overturned the fine because:

        * The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible.
        * More-over, in the case of a handbill written by a private citizen who is not known to the recipient, the name and address of the author adds little, if anything, to the reader's ability to evaluate the document's message.
        * Thus, Ohio's informational interest is plainly insufficient to support the constitutionality of its disclosure require-ment.
        * Anonymity is a shield from the tyranny of the majority.

      https://en.wikipedia.org/wiki/...
      Doe v. Cahill represented another victory for the protection of free anonymous speech on the internet. The precedent was notably applied in Mobilisa, Inc. v. Doe in 2007[6] and still serves as the standard for anonymous internet speech and defamation "in the context of a case involving political criticism of a public figure."[2]

      http://cs.stanford.edu/people/...
      http://caselaw.findlaw.com/us-...
      The 1960 case Talley v California , was the first major win for anonymous speech advocates. Mr.Talley was arrested for distributing a handbill that was calling for a boycott of certain businesses in the area because the businesses did not hire minorities.

        Justice Black reason for repealing the Los Angeles Ordinance was:
              "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."

      http://cs.stanford.edu/people/...
      http://caselaw.findlaw.com/us-...
      The final watershed case on this topic is NAACP v Alabama . The issue was whether the NAACP had to give a list of its members to the State of Alabama before it could operate there. In the end, the NAACP was not required to give a list of its members because:

              "We hold that the immunity from state scrutiny of membership lists which the Association claims on behalf of its members is here so related to the right of the members to pursue their lawful private interests privately and to associate freely with others in so doing as to come within the protection of the Fourteenth Amendment." ....

      Next!

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    14. Re:Basically no by dcollins117 · · Score: 2

      ... if money is speech (and I agree that it is, because money is used to buy media time to promote a message) ...

      Perhaps it is, but ideally money does not equal speech. The idea that the more money you have the more speech you have (or more specifically, political access) is counter to the idea that all men are created equal.

    15. Re:Basically no by shaitand · · Score: 2

      Correction, as RESERVED by the 10th and 9th Amendments. Unlike the branches of government the people do not derive their authority from the Constitution, the Constitution derives its authority from the people. That's why juries as the direct representatives of the people outrank the court/congress/etc and the people reserved their right to have a jury of their peers decide if they belong in a cage knowing that jury has the right to disregard what lesser lawmaking authorities feel about it.

    16. Re:Basically no by ArmoredDragon · · Score: 4, Interesting

      When I first heard the term "Homeland" used to describe the United States, I knew in which direction we were heading.

      I know what you're getting at, but it's probably not a good idea to throw the word fascism around at things that aren't, because you dilute the word to mean things that it doesn't, thus its harder to expose real fascists when they come around. (Which by the way, Europe really IS seeing a rise in fascism lately, with countries like Denmark and France seeing upwards of 28% of the vote going towards actual fascists.)

      Fascism, which started in Italy and whose name was coined by Benito Mussolini (NOT Hitler, as most people think) means a strong national unity governed by a strong central government where individual identity is thrown out entirely. Mussolini also didn't want racism (he saw it as a diversion; besides, his wife was Jewish and was a major influence in the beginning of the first fascist uprising.) Hitler's fascism incorporated racial purity as part of the whole national identity thing. A lot of other European countries adopted fascism (including Greece and others, who were enemies of both Italy and Germany in WWII) that didn't include either the expansionist ideals of Italy and Germany, or the racial purity aspects of Germany. Another element of fascism is socialism (socialism being the government owns the means of production, NOT welfare, another distinction that people have forgotten over time.)

      That said, the US has never had anything truly fascist about it, nor is it likely any time soon. The reason why is because our culture is so focused on individual identity, we don't like the idea of a central government being too powerful, and we also seem to have a big distaste for socialism (again, actual socialism, not welfare.)

    17. Re:Basically no by srmalloy · · Score: 2

      When I first heard the term "Homeland" used to describe the United States, I knew in which direction we were heading.

      Calling it the HeimatSicherheitsDienst is both accurate to the organization's title and, via historical allusion, the direction it wants to take the country...

    18. Re:Basically no by cayenne8 · · Score: 4, Insightful

      The reason why is because our culture is so focused on individual identity, we don't like the idea of a central government being too powerful, and we also seem to have a big distaste for socialism (again, actual socialism, not welfare.)

      But these traits you describe, are rising more and MORE in the US, accelerating at an alarming rate as viewed by a number of folks.

      The Federal Govt IS becoming too powerful and centralized, the Fed is overtaking the power of the states left and right (where constitutionally power is supposed to reside).

      The pride and promotion of individualism is being diluted left and right...the "social justice" is a component of that, everyone is equal...everyone gets a trophy for just participating, let's not praise Johnny for excellence, as that it might cause self esteem issues for Julie....it starts off little, but we're seeing the promotion of the individual in not only something not really to be promoted, but in some ways actually shunned.

      And we have a full blown, self-proclaimned socialist Bernie Sanders, gaining popularity in the poles, and a recent poll of liberal Democrat voters in Iowa self identifying as socialist, not capitalists.

      Frankly, I think Obama leans much more in this direction, which is why many think his motives ARE to fundamentally move the US away from its former ideals and societal fundamentals.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    19. Re:Basically no by wyHunter · · Score: 2

      And all these things were expanded under Obama, and the NDAA signed under Obama, and TPP pushed under Obama. Tell me again how Democretins are different than Republicidiots?

    20. Re:Basically no by Opportunist · · Score: 2

      Vaterländischer Sicherheitsdienst (which is pretty much the German translation for "homeland security") has a nice ring to it, doesn't it.

      Why is my right arm twitching?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    21. Re:Basically no by Opportunist · · Score: 2

      Could we get Hugo Boss to make the uniforms? He did such a great job last time.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Basically no by eliphalet · · Score: 2

      The term "munition" here refers to export of strong encryption methods and implementations from the United States. Encrypting is indeed constitutionally protected within the United States.

    23. Re: Basically no by TheReaperD · · Score: 2

      To not actually have to do police work. They want the equivalent of automatic license plate scanners that identify you instantly and record a crime, real or imagined and issue an arrest warrant or fine and have a local agency serve you without anyone having to lift a finger, much less get off their ass.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
  2. So the 2nd largest spying org... by Anonymous Coward · · Score: 2, Insightful

    Is against making it any more difficult to spy on people. You shouldn't be surprised by this. Also, he should get fucked. We have freedoms, and it's not our patriotic duty to help anyone take them.

  3. Absolutely. by Anonymous Coward · · Score: 5, Insightful

    It's really no different than the way you are required to wear visible identification when walking on the sidewalk, or how you are legally obligated to put a return address label on all correspondence that passes through the postal system. Oh, wait...

    You see? I can select my analogies to support my viewpoint too.

  4. Who knew? by OzPeter · · Score: 5, Funny

    Bad car analogy guy works for the DHS

    --
    I am Slashdot. Are you Slashdot as well?
  5. Finally! by amiga3D · · Score: 3, Interesting

    They've finally decided to fall in line with China's views on internet policy. Pretty soon all the major world governments will look pretty much the same.

  6. Free speech is anonymous speech by penguinoid · · Score: 5, Insightful

    The only way to have truly free speech is to speak anonymously. Otherwise, you have "free speech" but there will be "consequences". Like how in Soviet Russia you were "free" to say anything you liked, but there might be "consequences" like getting sent to Siberia.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:Free speech is anonymous speech by Evtim · · Score: 3, Interesting

      Joke from communists times:

      An American goes to Moscow and eventually gets into discussion with a commoner about human rights and free speech. The American says "Look, I can go in front of the White House and shout that the American president is shit and nothing will happen to me". The Russian guy thinks a bit and says "Well, I can too go in front of Kremlin and shout that the American president is shit and nothing will happen to me".

      Here comes the depressing part. Today I think the American will be arrested for shouting in front of the White House and charged for terrorism. And this post of mine is already recorded as it contains the T word and also has "American president is shit" phrase. Welcome to Guantanamo...

    2. Re:Free speech is anonymous speech by penguinoid · · Score: 2

      That's why it's important to have the option to be anonymous. You can respond to massive criticism of your anonymous speech just as well -- and in fact better -- than if it weren't anonymous, because doing so anonymously means you are under no threat.

      Now, you make a distinction between "violent" consequences and "non-violent" consequences for a man's speech. Trouble is, there is no clear distinction. "Massive criticism" can get a man evicted from his home, lose his job, denied loans, put on a watchlist of mild to severe inconvenience, and even -- should he live in the wrong country -- starved to death, but in any country ruined for life. Because, after all, who would want to have dealings with an unpopular man? And how can you be part of society if no one will deal with you? Now, you can pretend there's a distinction violence and criticism, but you can't pretend that under such threat anyone is free to speak openly.

      Of course, there is a partial remedy to this problem by having society in general disapprove of these sorts of non-violent attacks, there could be a stigma against asking an employer to fire his employee because he said something unwanted. However, it is impossible to prevent the use of freedom of non-association to punish a man who says unwanted things, and the only true solution is anonymity.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  7. License plates by 110010001000 · · Score: 4, Insightful

    License plates don't even identify the driver of the vehicle. Think about it for 5 minutes.

    1. Re:License plates by swb · · Score: 4, Interesting

      But you know, in a lot of states that doesn't prevent traffic cameras from being used to fine the owners of cars even if they weren't the drivers of the cars.

      Fortunately in Minnesota, the state supreme court ruled them unconstitutional because they shift the burden of proof from the state to the vehicle owner.

  8. He Later Said... by Luthair · · Score: 2

    Lets just lock everyone up in cells, its much easier that way.

  9. Re:Sadly, I think he will get his wish by 110010001000 · · Score: 2

    And to take it even further: eventually only "approved" devices will be allowed to connect to the public Internet.

  10. Clock by The+Evil+Atheist · · Score: 2

    Given how law enforcement can't tell the fucking difference between a clock and a bomb, I wouldn't trust them to know the difference between opinion and a terrorist act. Maybe if they demonstrate they're not incompetent. But we know that will be never.

    --
    Those who do not learn from commit history are doomed to regress it.
  11. Machine Vision by pipingguy · · Score: 2

    "The license plate's identifiers are ignored most of the time by law enforcement."

    Are automated plate scanners implemented/common yet? When they are, ALL visible plates will be queried.

  12. Re:Worst analogy by ArchieBunker · · Score: 2

    Oh you can believe they're tracking you. Especially with license plate readers built into cop cars.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  13. Fourth Amendment by xxxJonBoyxxx · · Score: 3, Informative

    The Fourth Amendment should already be telling the "track everyone" guys to fuck off unless they have a warrant.
    https://www.law.cornell.edu/co...
    "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."

  14. Stick to your day job by MikeRT · · Score: 2

    How about as an official at ICE you do something more productive like bust some people employing illegal immigrants. You know, what your day job ordinarily entails, not pontificating about the Internet.

  15. Re:Except its not illegal by 110010001000 · · Score: 2

    You can also use your computer on your LAN. Just don't connect it the "public" internet without a license plate. Get it? The telcos will fall in line with this idea. They probably suggested it.

  16. The license plate's identifiers are ignored ... by scorp1us · · Score: 2

    Except it isn't. All those LPRs (license plate readers) is logged, by both public and private firms and stored for god knows how long. Then the data is used to create temporal databases to know where your car goes and when, extrapolates your patterns.

    Currently, the only uses of the private LPR database that I know of are for either reposessions or serving court documents, but I could clearly see private detectives finding the data useful for a multitude of other uses.

    Similarly, the state (as in government) can use the traffic camera video feeds networks to identify vehicles in real-time, and find out when the last encounter was and where. The difference here is no warrant is needed, they already have the data, and they can retroactively search their database (which potentially is every second of every traffic camera feed anywhere).

    The fact that data may be discarded is a fleeting one, as storage prices come down, and processing power and resolution increases, it will be considered an intelligence "failure" not to have every moment captured, recorded, stored forever, and searchable.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
  17. Why? by Urban+Nightmare · · Score: 4, Interesting

    Why do we continue to put up with this from our Governments? There are a great many of us that see the harm that these types of laws cause our freedoms, but the unwashed masses don't. How do you wake these people up that their security does not have to come at the cost of freedom. They still think they are free and I'm sure the Germans thought they where free during WW2 just as long as you didn't disagree or say anything against the Government. They also call people who can and do voice their concerns on this slow decent to fascism, alarmists or anarchists. Most of those that I work with just don't care about these types of laws. All they care about is whats on TV tonight and make sure they can download their music and TV. After that they just don't care. It's just to much work to have to think. Maybe this is why my blood pressure is to high. I should stop caring also.

  18. Law officers identify themselves by angelena · · Score: 2

    Police officers and others in most jurisdictions openly identify themselves when working. They have uniforms, badge numbers, easy-to-recognize motor vehicles, etc.
    When they work covertly, they have warrants for the precise task and duration.
    So if this idea has wings at all, let's start with all legal monitoring - the equivalent of road blocks and license checks. All should be completely open and visible to the users of the highway.

  19. Re:Not Really by AntronArgaiv · · Score: 2

    Nobody is anonymous on the internet. Ok, maybe I should say most are not anonymous. The reason? Everyone has a MAC address. While it can be changed, and probably is when someone is acting nefariously, most people have no idea what it is. So, like outlawing firearms, making a law to ban "anonymous Internet access" would only hurt law abiding citizens. I will certainly add more complexity to ISPs and that will trickle down to users in some way that probably won't be pleasant.

    Your MAC address goes no further than your NAT router.

  20. Re:Fuck you, asshole ... by kilfarsnar · · Score: 2

    That America is beginning to forget the historical reasons why anonymous speech is a protected class of speech is scary. That America has pretty much decided all other freedoms are options is utterly terrifying.

    Americans are not taught real history. They are taught the sanitized, approved version. Likewise they don't really think for themselves. They usually select their opinion from a menu presented by the mass media.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  21. A little over the line by Okian+Warrior · · Score: 2

    It's really no different than the way you are required to wear visible identification when walking on the sidewalk, or how you are legally obligated to put a return address label on all correspondence that passes through the postal system.

    You can make fun of the situation, but I was arrested last year for not having ID while hiking in the woods. The cop clearly stated why I was being arrested, he said in so many words that it was illegal not to carry an ID.

    The police have always crossed "just a little bit" over the line, but with the situation as it is now, "just a little bit" means our rights are completely and totally gone.

  22. His opinion... by Lumpy · · Score: 2

    I think Homeland Security should be disbanded. and the rights of the american people restored.

    But then I'm not hell bent on controlling people.

    --
    Do not look at laser with remaining good eye.
  23. North America Rules. by gwolf · · Score: 2

    As a Mexican, I take pride in being a North American.

    1. Re:North America Rules. by LMariachi · · Score: 2

      Who ever said that Central America is a continent? It's a region with geographical and cultural commonalities, like Asia Minor or North Africa. And I've never heard it used in a derogatory manner.

    2. Re:North America Rules. by ArhcAngel · · Score: 2

      I always go out of my way to call my Canadian friends Americans when we're together. For some reason it irritates them immensely.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  24. Stay involved citizens. by jellomizer · · Score: 3, Interesting

    The problem isn't Homeland Security. There job is to find threats, and see if they can have solutions to solve them.
    When you work security the tyrannical solution is often the easiest one.
    You want your PC secure from hackers. Unplug it from the network, cant do that make sure your firewall has 0 outside ports and the inside ports are setup for talking to only the servers each system needs to talk to. Such IT security is hard, because the End users are rapidly changing what they want and the cost to build such a secure system isn't worth the expense.

    Law enforcement and security would have an easier job without civil liberties, not because they have nefarious purposes, but because it will make their job easier.

    Our jobs as citizens is to let our officials know that we value our freedoms and what we are willing to give up for security, and what security we are willing to risk not having to keep our freedoms. It isn't cut and dry but these department report to a higher political offices, who will need to take their recommendations and decide to accept or reject them. These political office need to be elected by the citizenry. If we refuse to be involved citizens then the easiest path will soon follow.

     

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:Stay involved citizens. by Opportunist · · Score: 2

      Erh... no.

      Security is not only confidentiality. That's only the C in CIA. Your responsibility is also in integrity and, and that's going to be the problem here, availability.

      Your job in security is that the people who have the right to access data, and only the people who have a right to access data, can access that data and that the data they access cannot be created, altered or deleted without knowing who did what change and, if applicable, why.

      My job isn't just to shut shit down. That's easy. You don't need someone raking in 6 digits for that. Any middle management goon can easily do that. My job is to ensure exactly what that statement above dictates. This is what you have to ensure.

      Bonus points for doing it without the user even noticing it. Perfect security isn't reached when nobody can access data anymore. Perfect security is fully transparent security to the user and fully opaque data for the attacker. You have reached gold status when an attacker doesn't even know the data is there while the benign user doesn't even know the security is there.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  25. Libel by Baldrson · · Score: 2

    It was circa 1979 when I ran head-long into the demand to remove anonymity as a system programmer for Control Data Corporation's PLATO network:

    I was directed to remove the anonymous posting option of the precursor to Usenet: PLATO Notes.

    The reason? Legal liability suffered by CDC for libel due CDC's lack of "common carrier" status under the FCC law of the time. A common carrier could not be held accountable for the contents of the information it carried.

    When CDC refused to go mass market with PLATO, I accepted a position with a newspaper chain that had conducted a market test of something like PLATO notes for a metro area and found a huge demand. Although they figured out that their business as a newspaper would be endangered by opening up their network to permit everyone to provide content, the rationalization of "no common carrier status" was trotted forth with great facility.

    Nowadays, with Facebook routinely censoring politically incorrect content by its users, and Facebook becoming a kind of de facto recentralization of control of the network effect for the masses, Facebook is actively pursuing a course of action that basically _asks_ to be sued for libelous posts by its users. It isn't hard to project this to ISPs when people use their internet connections for damaging ends -- particularly when you now have ISPs routinely "cooperating" with government and its propaganda arm via copyright enforcement on behalf of mass media.

    I did anticipate some of this in the aforelinked 1982 essay as follows:

    The question at hand is this: How do we mold the early videotex environment so that noise is suppressed without limiting the free flow of information between customers?

    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 comm

  26. Remind me by ITRambo · · Score: 2

    Why did Bush create Homeland Security? Was it to spy on us, to to stop terrorists? The first does not stop terrorists, it just takes away freedom of privacy. Go do your jobs, you lazy people at Homeland.