Print 111 comment(s) - last by ClownPuncher.. on Jun 1 at 4:07 PM

All users posting to websites would have to post their real name and address, non-compliant posts would be axed

When people think anonymity, Anonymous and their iconic Guy Fawkes masks often pop into mind these days.  But long before the members of that controversial hacker collective were a mere twinkle in their mothers' eyes, another anti-authoritarian rabble-rouser was using anonymous protest to stir up revolt against a totalitarian ruling elite.  His name was Thomas Paine, and his anonymously published work Common Sense helped ignite the colonists in revolution against Britain.

I. Want to Post?  Put Your Legal Name and Address Here!

Yet today in the country that Thomas Paine's anonymous writings helped to give birth to, a country in which speech is supposedly free, something alarming is happening.  Several states are looking to outlaw online anonymity.

New York is among them.  The State Senate is contemplating Bill S6779 a measure that would force users to post (and verify) their home address, IP address, and legal name in any post they make online.

That's right; New York is considering laying waste to privacy and anonymous speech in the name of "preventing" online bullying.  The bill describes:

A web site administrator upon request shall remove any comments posted on his or her web site by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post and confirms that his or her IP address, legal name, and home address are accurate. All web site administrators shall have a contact number or e-mail address posted for such removal requests, clearly visible in any sections where comments are posted.

It's unclear exactly how much support the bill has in the State Senate.  It was introduced just over two months ago by Sen. Thomas F. O'Mara (R—Big Flats).  

Senator Thomas O'Mara
New York Republican State Senator Thomas O'Mara wants to force anonymous internet posters to surrender their right to anonymous free speech.
[Image Source: Thomas O'Mara]

Under the plan, New York State law enforcement officials and employees would be taxed with -- using taxpayer money -- sending takedown requests to websites.  Of course, the irony is that the law is grossly out of line with federal laws -- and likely unconstitutional -- thus if a website is hosted by out of state companies New York regulators might have no way of "forcing" websites like 4Chan or blogs to expose their users.

II. First Amendment, Anyone?

Such a practice would be unacceptable to most web businesses involving user-generated posts.  Not only would it violate user privacy and raise legal liability issues, it would also likely decrease participation.  At the same time it would hit sites with a double whammy by requiring them to pay for expensive code additions and extra administration.

The First Amendment states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Several state laws prohibiting anonymous pamphlets have already been ruled unconstitutional.  See Talley v. California (1960) and McIntyre v. Ohio Elections Commission (1995), for Supreme Court rulings defending citizens' right to anonymous speech and printed works.

Supreme Court
Despite at least two Supreme Court rulings beating them back, states' effort to ban anonymous free speech has persisted into the digital era [Image Source: City-Data]

Thus, one thing is for sure -- if New York does adopt this wild restriction of civil liberties, it will surely be swiftly challenged.  And based on past precedent, it will almost certainly be ruled illegal on First Amendment grounds.

Sources: NY State Senate, AP

Comments     Threshold

This article is over a month old, voting and posting comments is disabled

RE: This guy hates his job
By FITCamaro on 5/25/2012 6:53:07 PM , Rating: 3
Does it surprise anyone that a thought like this came out of New York?

RE: This guy hates his job
By ClownPuncher on 5/25/2012 7:11:45 PM , Rating: 3
No. Honestly, sometimes NY politics make SF politics seem rational.

RE: This guy hates his job
By AssBall on 5/25/2012 8:23:21 PM , Rating: 3
In a sick sort of backwards way. Both states blow my mind with their political retardation.

RE: This guy hates his job
By MrBlastman on 5/25/2012 9:19:35 PM , Rating: 2
Pardon my profanity... but this guy is a fucktard!

RE: This guy hates his job
By rs2 on 5/27/12, Rating: 0
RE: This guy hates his job
By gamerk2 on 5/27/2012 3:32:28 AM , Rating: 2
As a NYker, California is worse, because those idiotic proposed laws actually get approved, where in NY, they die in silence.

Remember, NY has three distinct parts: Long Island, Upstate, and NY proper. One heavily liberal, one heavily conservative, and one thats basically split down the middle. Thats why, despite never having a shot to own the assembly, Republicans have historically run NY [especially the Senate].

RE: This guy hates his job
By Samus on 5/27/2012 4:16:21 AM , Rating: 3
Believe me, I've lived in Brooklyn and San Diego, and neither of their states' have Chicago (Illinois) politics beat for idiotic ideas and corruption :\

RE: This guy hates his job
By FITCamaro on 5/27/2012 9:52:54 AM , Rating: 3
And now we have those idiotic laws at a federal level.

RE: This guy hates his job
By delphinus100 on 5/27/2012 10:52:33 AM , Rating: 2
Long Island, Upstate, and NY proper.

I assume 'NY proper' means 'New York City...'

(Says someone living in one of the 'other' cities.)

RE: This guy hates his job
By Chadder007 on 5/26/2012 10:54:23 AM , Rating: 3
I thought it at least would have come from California first.

RE: This guy hates his job
By BluntForceTrama on 5/27/2012 6:12:27 AM , Rating: 4
Does it surprise anyone that a thought like this came out of New York?

"It seems as though my state-funded math degree has failed me. Let the lashings commence." -- DailyTech Editor-in-Chief Kristopher Kubicki

Most Popular Articles5 Cases for iPhone 7 and 7 iPhone Plus
September 18, 2016, 10:08 AM
No More Turtlenecks - Try Snakables
September 19, 2016, 7:44 AM
ADHD Diagnosis and Treatment in Children: Problem or Paranoia?
September 19, 2016, 5:30 AM
Walmart may get "Robot Shopping Carts?"
September 17, 2016, 6:01 AM
Automaker Porsche may expand range of Panamera Coupe design.
September 18, 2016, 11:00 AM

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki