The Right to Remain Anonymous

Information Today, Vol. 25, No. 4, p. 17, April 2008

3 Pages Posted: 13 Aug 2010

Date Written: April 2008

Abstract

Many have described the Internet as the 21st century version of the soap box or anonymous pamphlet. The wealth of information available, and the growth of user generated and social networking content, allows Internet users to read about or comment on virtually anything. The use of usernames allows many of those comments to be made behind a veil of anonymity. On occasion, however, those comments go beyond the zone of protected free speech and venture into defamation and other unprotected areas.

As has been demonstrated with the RIAA file-sharing lawsuits, anonymity on the Internet is not as clear-cut as is often thought. Internet users leave behind evidence of their presence when their computer’s IP address is recorded and tied to a specific username. IP addresses are assigned to particular computers by the user’s Internet Service Provider. Consequently, the Internet Service Provider is in a position to tie a particular Internet username to a particular Internet subscriber.

However, because the user’s free speech and privacy rights are entitled to be protected, ISPs often will not release a subscriber’s identifying information absent a court order to do so. Problems then arise when a person claims to have been victimized by a defamatory Internet posting and seeks this identifying information. Is there really defamation? Or is it an attempt to quash the free speech rights of an anonymous poster? Who should make that decision, the victim, the poster, the ISP, or the courts?

Keywords: Internet law, information industry, First Amendment, free speech, anonymity, lawsuits, privacy rights, Internet Service Providers, ISPs, defamation claim, social networking, libel

Suggested Citation

Pike, George H., The Right to Remain Anonymous (April 2008). Information Today, Vol. 25, No. 4, p. 17, April 2008, Available at SSRN: https://ssrn.com/abstract=1657136

George H. Pike (Contact Author)

Northwestern University Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-0295 (Phone)
312-503-9230 (Fax)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
136
Abstract Views
921
Rank
379,600
PlumX Metrics