[Politech] Why freedom can't be preserved by ending anonymity [fs][priv]

From: Declan McCullagh (declan@private)
Date: Thu Dec 04 2003 - 12:12:44 PST

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    [The proper term for what Lessig was suggesting (at least if the Economist 
    article was correct) is identity escrow. The idea is that a trusted third 
    party will hold the truename of the speaker or publisher and divulge it 
    when certain predefined circumstances are met, such as a subpoena arriving. 
    (This is not a new concept. A Google search turns up about 1,000 hits for 
    the phrase.) There are obvious objects to this idea, a close cousin to 
    1990s-vintage key escrow, when it is used as a kind of "Internet drivers 
    license." First, the identity database becomes a target for thieves, social 
    engineers, and malicious hackers. Second, governments will seek to subvert 
    its published procedures and obtain backdoor access. Third, it is not 
    easily enforced in a global Internet where accounts can be created with a 
    one-line command (like /usr/sbin/adduser). Fourth, U.S. legal precedents 
    recognize constitutional protections for anonymous speech. --Declan]
    
    ---
    
    From: MarkKernes@private
    Date: Wed, 3 Dec 2003 12:42:30 EST
    Subject: Re: [Politech] Economist, Lessig want to preserve freedom by 
    ending anonymity [fs][priv]
    To: declan@private
    
    In a message dated 12/3/03 9:14:48 AM, declan@private quotes:
    
    << The issue boils down to the question of how much anonymity society can
    tolerate on the internet. Drivers' licences and registration plates
    dramatically reduce the incidence of hit-and-run accidents. Crack cocaine
    is never bought by credit card. If everybody on the internet were easily
    traceable, people would think twice about hacking. "I'm kind of a fan of
    eliminating anonymity," says Alan Nugent, the chief technologist at Novell,
    a software company, "if that is the price for security." >>
    
    "They that can give up essential liberty to obtain a little temporary safety
    deserve neither liberty nor safety." — Benjamin Franklin, 1755
    Mark Kernes, AVN
    
    "I have a solution for Mrs. [Jocelyn] Elders. I mean, if she wants to
    legalize drugs, send the people who want to do drugs to London and Zurich 
    and let's
    be rid of them." — Rush Limbaugh, 12/9/93
    
    ---
    
    Subject: Re: [Politech] Economist, Lessig want to preserve freedom by
             ending anonymity [fs][priv]
    From: Alan <alan@private>
    To: Declan McCullagh <declan@private>
    Date: Wed, 03 Dec 2003 16:36:12 -0800
    Content-Transfer-Encoding: 8bit
    
    The only reason to remove anonymous communication is so that you can
    punish people.
    
    If there is no anonymity then people will also think twice about
    complaining about government waste, corrupt governments or officials, or
    even things that have nothing to do with politics.
    
    Think of the blackmail potential!
    
    Every dirty little secret can be exposed and used against you.
    
    Every naughty web site.  Every off the side tryst.  Every interest that
    could cause strife in your life.
    
    This would have been J. Edgar Hoover's wet dream.  I am sure it is
    Ashcroft's wet dream.  (If he has not had his genitals laminated shut
    already.)
    
    It will make the net more like the giant Disney controlled shopping
    network that some people seem to want.
    
    I thought Lesig had better sense than this.  I guess not.
    
    ---
    
    Cc: Declan McCullagh <declan@private>
    From: Aaron Swartz <me@private>
    Subject: Re: [Politech] Economist, Lessig want to preserve freedom by 
    ending anonymity [fs][priv]
    Date: Wed, 3 Dec 2003 18:26:51 -0600
    To: Lawrence Lessig <lessig@private>
    
    >To preserve freedom further, suggests Mr Lessig, anonymity could be 
    >replaced by [warrant-traceable] pseudonymity.
    
    Can you explain this? The Economist article seemed to be total nonsense, 
    but I'm surprised they paraphrase you as saying something like this. In 
    general, for eliminating anonymity to make sense you need to answer three 
    questions:
    
    1. Is anonymity the problem? Between DMCA subpoenas and national security 
    letters, it seems that very few people on the Internet have even limited 
    anonymity.
    
    2. Will the people who are anonymous evade things? The people who _are_ 
    anonymous, of course, are people like crackers. If you outlaw anonymity, 
    crackers will likely find security holes that let them hide their identity 
    and pass their actions off as those of others (e.g. using the WiFi network 
    of some squeaky-clean grandma to launch the attacks).
    
    3. Is it worth the cost? Even if you can answer the above questions, it'll 
    be difficult to do without knocking large groups of people off the 
    Internet. (If the digital divide is bad now, imagine what it'll be like 
    when you need a credit card to get on the Net.)
    
    Were you misquoted? If not, can you answer these questions? Or is this more 
    blind optimism?
    -- 
    Aaron Swartz: http://www.aaronsw.com/
    
    
    
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