From Wikipedia, the free encyclopedia
An anonymous post is an entry on a bulletin board system, Internet forum or
message board, blog, or other
discussion forum without a screen name or more commonly by using a
non-identifiable pseudonym. Some online forums do not allow
such posts, requiring users to be registered. Some may allow
anonymous posts, but discourage anonymous cowards.
Others like JuicyCampus, Squeelr, AutoAdmit, and 4Chan thrive upon anonymity.
IP
Addresses
Anonymity on the
Internet is limited by IP addresses. For example, WikiScanner associates
anonymous Wikipedia edits with the IP address that made the change
and tries to identify the entity that owns the IP address. On other
websites IP address may not be publicly available, but they can be
obtained from the website controllers.[1]
Identifying the author of an anonymous post will require
multiple Doe
subpoenas. First, the IP address of the poster must be obtained
from the hosting website. Through a second subpoena, courts may
order an ISP to
identify the subscriber to whom it had assigned said IP address.
Requests for such data will not be fruitful in every case, as
providers often will effect a finite term of data retention (in accordance with the privacy policy of
each—local law may specify a minimum and/or maximum term).
Legal
Protections
Main article:
Doe subpoenaThe right to speak anonymously online is protected, in the
United States, by the First
Amendment, and various other laws.[2] These
laws restrict the ability of the government and civil litigants to
obtain the identity of anonymous speakers. The First Amendment says
that "Congress shall make no law . . . abridging the freedom of
speech, or of the press."[3] This
protection has been interpreted by the Supreme Court to protect the
right to speak anonymously offline. In McIntyre v. Ohio
Elections Commission,[4]
the Supreme Court overturned an Ohio law banning the distribution
of anonymous election pamphlets. The Court said, "[a]n author’s
decision to remain anonymous . . . is an aspect of the freedom of
speech protected by the First Amendment."[4]
The Court found that "anonymous pamphleteering is not a pernicious,
fraudulent practice, but an honorable tradition of advocacy and of
dissent. Anonymity is a shield from the tyranny of the
majority."[4]
Various courts have interpreted these offline protections to extend
to the online world.[5]
See also
External
links
Notes
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