TAKEAWAYS FOR WEEK FOUR

Anonymity

Many founding fathers used pen names to remain anonymous.

US supreme court has recognized that anonymous speech is a right

• Is not an absolute right.

Anonymity can be used

• As a shield
• Without anonymity speech may be chilled such as speech by victims of sexual abuse.
• As a sword
• Used to inflict harm to others without any link to their identity.

Real names v. Opaque usernames

• Free speech and Privacy v. Accountability
• Majority of internet users have used an opaque username

Emily Buhler's Blog post

• Internet users have a "ring of Gyges
• Opaque user names.
• Many online sites require users to use a real name in an effort to
• Promote safety
• Face book does not require use of legal name but known name.

It is easy to voice derogatory view about people you will never meet.

• Even with real name derogatory comments would still occur.

What is said anonymously doesn’t have much power.

• The message may still be hurtful whether it is anonymous or not, but its credibility will differ depending on where it comes from.

Trolls seek attention through outrageous comments and will continue to do so even with their real names

Online anonymity is a privilege that should be revoked if abused.

• The deciding forces could be
• The webpage or company
• The readers themselves
• The Government

#Cutforbieber campaign

• Began after photo of Bieber smoking marijuana
• 4chan post made to begin a campaign to post fake pictures of girls cutting themselves for Justin Bieber to stop smoking marijuana to trick girls into cutting themselves
• Campaign turned out to be a hoax

Group activity whether 4chan should post prominent warning and have a real name policy.

• Group 1
• Would allow for prominent warning, but not adopt a real name policy.
• Group 2
• Include prominent warning, and adopt real name policy.
• Would also create an age policy
• Group 3
• Prominent warning
• Require everyone to establish an account but maintain anonymity between users

Question of the Week

• When reporting on allegations of sexual assault against women, most news organizations will identify the alleged perpetrator but will not identify the name of the alleged victim.  Some argue this policy is unfair to the accused and allows women to make false accusations without any accountability.  Others argue that identifying the victim is too privacy-invasive, will discourage women from coming forward, and will essentially victimize the woman a second time.  Do you agree with the policy?
• 9 students said yes
• 8 students said no

Plaintiff sue anonymously

• As a general rule, persons who sue in court must do so using their real names
• Courts will allow plaintiffs to remain anonymous under certain conditions.
• If defendant objects then the plaintiff must demonstrate why their privacy interest outweigh the defendants and the public's.
• Courts use different tests to determine if anonymity is permitted; majority of courts use a balancing test that weighs the competing interests:
• Whether the plaintiff is bringing a suit against governmental action
• Whether the lack of anonymity burdens a plaintiff's ability to file suit
• Whether the plaintiff could suffer mental or physical retaliation
• Whether the plaintiff will be forced to provide information of the "utmost intimacy"
• Whether the plaintiff is a child
• Whether the defendant's rights would be significantly subordinated