From Anonymity to Identification

1 J. Reg. & Self-Reg. 121 (2015)

20 Pages Posted: 16 Jan 2016  

A. Michael Froomkin

University of Miami - School of Law

Date Written: 2015

Abstract

This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational levels. As a result of these forces, online anonymity is now much more difficult than previously, and looks to become less and less possible. Nevertheless, the ability to speak truly freely remains an important ‘safety valve’ technology for the oppressed, for dissidents, and for whistle-blowers. The article argues that as data collection online merges with data collection offline, the ability to speak anonymously online will only become more valuable. Technical changes will be required if online anonymity is to remain possible. Whether these changes are possible depends on whether the public comes to appreciate and value the option of anonymous speech while it is still possible to engineer mechanisms to permit it.

Keywords: anonymity, surveillance, cryptography, online anonymity, anonymous communication, Internet, law, anonymous speech

Suggested Citation

Froomkin, A. Michael, From Anonymity to Identification (2015). 1 J. Reg. & Self-Reg. 121 (2015). Available at SSRN: https://ssrn.com/abstract=2715579

A. Michael Froomkin (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
305-284-4285 (Phone)
305-284-6506 (Fax)

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