Anonymity and SPAM The Good, the Bad and the Ugly!

Anonymous? The quality or state of being anonymous, which is the condition of having a name or identity that is unknown or concealed. [RFC 2828] Anonymity is the state of not being identifiable within a set, called the "anonymity set". When referring to human beings, we say that a person is anonymous when the identity of that person is not known. Being anonymous usually is a result of not disclosing one's identity. This may be simply because the person was not asked, as in an occasional encounter between strangers, or because the person is unable or unwilling to tell. en.wikipedia.org/wiki/Anonymity en.wikipedia.org/wiki/Anonymity " Anonymity" and "confidentiality" do not have the same meaning and are not interchangeable.

Anonymous? Why would someone want to be anonymous? The Founding Fathers often chose anonymity in their protests by using pseudonyms on printed material or not listing authorship at all. Signing the Declaration of Independence was a very big deal! Is this new to the Internet? Is Anonymity on the Internet more important than in “real life?”

Anonymous Internet Services? Should people be able to and Surf the Web anonymously? Anonymizer.com Zero-Knowledge System SafeWeb Some of these providers use encryption services so that even the ISP cannot identify the user

Anonymous Internet Services? SafeWeb – developed tools to assist individuals living under governments that limit Internet access such as China, and Iran. CIA uses SafeWeb – So no one knows you’re a spy!

Anonymity and Free Speech Bill of Rights protects free speech, but – there are still times when we do not want to be identified? Examples?

Anonymity and Free Speech “In 1995 the Supreme Court invalidated an Ohio law under which a women was fined for distributing pamphlets against a proposed school tax without putting her name on them. The Court ruled that distribution of anonymous political leaflets (by an individual) is an exercise of freedom of speech protected by the First Amendment. The Court said ‘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.’”

Anonymity and Free Speech As a result of this Ohio ruling, a federal court threw out a 1996 Georgia law against using a false identity on the Internet. But, going to court to enforce one’s rights can be expensive. Often the threat of legal action shuts down free speech.

Anonymity and Free Speech The ability to post anonymously is good. Is it? Is it always good? How do we filter truth from fiction? How do we protect ourselves from libel or defamation of character?

Anonymity and Free Speech “Because of its potential to shield criminal activity or because they consider it “ bad netiquette” some services choose to discourage or prohibit anonymity. Some require identification of all members and users. Some do not accept any from known anonymous r er sites. On the other hand, Web sites that emphasize debate on controversial issues or have discussion groups on socially sensitive topics often consider anonymity to be a reasonable way to protect privacy and encourage open, honest discussion.

Anonymity and Free Speech Anonymity on the Internet issued for criminal and antisocial purposes including the planning of terrorist attacks. Law enforcement officials argue for laws that require ISPs to maintain records of the true identity of each user and to maintain records of online activity for a specific period of time for potential use in criminal investigations.

Anonymity and Free Speech Protecting the Many from the Few This Can limit Free Speech because the basic rules of our legal system change! To do so – we become Innocent until proven guilty

SPAM Electronic junk mail or junk newsgroup postings. Some people define spam even more generally as any unsolicited . … Real spam is generally advertising for some product sent to a mailing list or newsgroup. list newsgroup The Internet version of junk mail. Spamming is sending the same message to a large number of mailing lists or newsgroups usually to advertise something.

SPAM A new survey shows American business users [indicate] the difference between spam and desired is whether the user has previously transacted business with the sender.

SPAM First Amendment – Guarantees Free Speech Is SPAM a variant of Free Speech?

SPAM and Free Speech Can the use of filters by organizations and companies such as AOL, MSN and ISPs use of SPAM viewed as violations of the sender or the receivers free speech? Is AOL like a membership organization with “property” where SPAM is an invasion of private property or like the Post Office?

SPAM and Free Speech What about anti-SPAM listing services that provide lists of “SPAMers.” Who get included? Who decides? Is a Harris Poll survey SPAM?

SPAM, Free Speech and the Legal System?! Thirty-six states have tried by enacting their own versions of anti-spam laws Only two state prosecutions were ever successfully brought against spammers, and only one was able to enforce its law against an out-of-state spammer.

SPAM, Free Speech and the Legal System?! CAN-SPAM Act of 2003 The Controlling the Assault of Non-Solicited Pornography and Marketing Act requires unsolicited commercial messages to be labeled (though not by a standard method) and to include opt-out instructions and the sender's physical address. It prohibits the use of deceptive subject lines and false headers in such messages. The FTC is authorized (but not required) to establish a "do-not- " registry. State laws that require labels on unsolicited commercial or prohibit such messages entirely are pre-empted, although provisions merely addressing falsity and deception would remain in place. The CAN-SPAM Act took effect on January 1,