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Do you have the LEGAL RIGHT to anonymity? This lady thinks so!

Here's an important issue that will most assuredly be breathing down the neck of the legal system over the next few years: do you have the LEGAL RIGHT to be anonymous? That is to say, are you protected by law to keep your identity hidden, as long as your speech doesn't break the law? Well, that's the issue this blogger is addressing now in a lawsuit against Google, who revealed her identity to lawyers for a model who claims this woman defamed her.

This is cropping up more and more now in the news - people are being fired, having a hard time getting jobs or being shut down and sued like this woman.

And I've got to ask: so what? The right to freedom of speech and freedom of the press do not grant any special protections to protect you from personal reprisals to your speech - especially if that speech is in any way harmful to someone else's reputation or character. The problem with this particular case is that the anonymous blogger in question, Rosemary Port, is a complete douche who called a model a "skank" and "ho", among other things, in her blog, which she didn't have the stones to sign with her own name. Her argument is based upon "the expectation of anonymity,", some bullshit idea that she somehow misunderstood the terms and conditions to mean that she would be protected from any fallout that her words might have caused.

The expectation of anonymity, however, doesn't actually exist anywhere. Quite the contrary, while the notion of anonymity exists, many lawmakers have been working in the opposite direction, attempting to require EVERYONE who writes anything online - from blogs to comments - to sign it with their legal name...or else. Thus far this effort has been squashed - but knuckleheads like Rosemary Port, who desperately try to hold someone else responsible so they have a reason to be mad rather than mortified (at their juvenile and childish posting habits), will only serve for law to be passed down further stripping anonymity rather than protecting it.

After all, how are we supposed to protect citizens from slander and libel if anyone at all can sling it without reprisal - legal or otherwise?

What say you on this issue?

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Comment by matenzo on July 28, 2011 at 6:46am

Well there's 2 sides to the argument.

 

On the one hand you got ppl relying on the relative anonymity of the internet to spread false information (for example in order to manipulate stock prices in ways that could be detrimental to the economy of entire nations) or to personally attack ppl that may not "deserve" it, or to shamelessly advertise their illegal endeavours.

 

On the other hand people in regimes without freedom of speech may rely on the anonymity of the internet to freely communicate their ideas in ways that would land them in prison if they attempted to do so in real life. Even revealing the browsing history of an individual could get one in jail in certain regimes. In such cases anonymity is the only thing guaranteeing free speech.

 

It's a tough call personally I'd rather have an asshole get away with slander or corporate fraud than have a single person end up in jail for badmouthing Kim Yong Ill.

Comment by Shapoopi on October 19, 2010 at 8:18pm
I'm not saying that I agree with what the women said. I think it was very offensive. However the people of the United States Of America and the internet do have a right to privacy. There are some things that someone might not want someone else to see. A right to privacy is a big right. This does not excuse the lady from what she did or said. In my opinion there are things that can be done. Not to be offensive but there is a fucking report button for a reason. If you feel that it hurt you some way. REPORT IT! That's what the thing is there for.
Comment by Eric Hunter on October 12, 2010 at 5:22pm
Comment by Rachel Kolb on September 23, 2010 at 2:30pm
I think that if people are forced to put their names on what they say online, they will be less likely to say racist/homophobic/sexist bullshit. Employers will start treating online posts the way they treat Facebook profiles today. A stupid rant will be given the same weight as a racy profile picture, and I don't have a problem with it.
Comment by BBGGWW on September 21, 2010 at 6:55pm
This is part of the new frontier of the net. This woman was dumb enough to think that she could say these things then use the first amendment as a bulleproof vest. The truth is that once you make defamatory statements you leave yourself open to be exposed. In this case, the victim sued Google and a judge ordered that they release Ms. Port's info. This is lesson to all. Anonymity is not a guarantee even in a world were you can call youself captainhappypants346 (no offense to anyone w/ this tag).
Comment by therese delphia on September 13, 2010 at 7:00pm
I simply want to relay a story that I have been exposed to as a comment to this post, make what associations you wish to. My sister-in-law works for a non profit human rights organization and routinely host groups that come to the united states from the Middle East and Africa. Most of the people that come are young adults who would fall under the category of freedom fighters, people who have grown up in war torn enviornments for most of their lives or who have been exposed to harsh governments who do not allow their own people the simpe freedoms we take for granted. The organization that my sister-in-law works for further educates them on how to speak out and provides them a network of support. Last spring she held a two week session on utilizing social media for speaking out. There was a man who came from a middle eastern country who had grown a respectable following due to his blog speaking about the inhumne cruelities that were faced by his people everyday from their own government. This man has seen unjustices and cruelty I cannnot even fathom. Although the government suspected who he was they could never prove that it ws him who had been writing the blogs. He had been arrested several times and tortured, the police had confiscated his computer and taken it apart but were never able to prove it was him, as he was constantly covering his tracks. By coming to the united states to take part in this group he essentially broke the anonymity he had worked so hard to achieve. His govenrment now had confirmation on who he was and there was word that they would be waiting for him at the airport when he arrived back in his counrty. Many poeple tried to convince him to stay here and seek asylum in the United States, but he insisted that if he did not go back his credibility would be lost. I do not know what the right or wrong answer is to the above post but I found myself thinking about this man as I was reading it.
Comment by jim on August 28, 2010 at 2:35am
"anonymity" of which she thought she deserves is completely than what most websites actually give. Most websites go as far as saying that they won't give out private information ie birthday, email and any other private information posted for whatever reason the website requires you to put in (for example facebook and myspace have a policy where they don't allow people under a certain age join their networking site so they ask for birthdays). Employers definitely should fire these people because employers hire the better candidate that won't go around starting problems so finding out an applicant is a dbag then obviously they would expect this to carry on to the work place.
Comment by nonya biznas on May 23, 2010 at 3:54am
pffft whatta goof, as if she thought she could just run her mouth without repercussions then try get protection. whatta coward.
Comment by Rachel Knutson on May 22, 2010 at 2:32pm
I am so tired of people being surprised when there are consequences for their actions and act like the victim when they get in trouble for being an ass. What happened to having a filter between your brain and mouth (or keyboard in this case), and why should we have to put up with this form of verbal ineptitude. I am all for talking trash and saying how you feel, heck what is more fun than being a smartass. That being said the internet doesn't give you license to act like you are six and don't have the mental capacity to know better, or to not take responsibility for what you say. Come on people grow up and have the balls to back up what you say if you think someone is a ho and don't have the good sense to just keep it to yourself, then expect repercussions you knuckle dragging morons, and stop crying about how you were too dumb to know better, we all have seen Bambi.
If you can't say anything nice... please for your own sake shut up.
Comment by Punkout16 on September 22, 2009 at 9:16pm
BULLSHIT complete bullshit the why I see it if you're gonna publicly call someone out then be man enough or woman enough to take whatever consequences that comes along with it. Now I do however think some things is ok to be anonymous, like making donations etc. But this issue is not a matter of being anonymous, it's about a woman talking smack and when someone took offense and said something this woman went hiding behind a "so-called" law she can remain anonymous. Posting on a blog about personal business about yourself is one thing but when you start talking about another person's reputation to me you give up your whole anonymous rule.

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