Proposals to Ban Internet Anonymity Violate First Amendment
Internet speech should be treated no differently than other communication, study finds

Anonymity on the Internet should be protected and deserves to be treated no differently than anonymous pamphlets or other speech, according to a study released today by the Cato Institute. U.S. and foreign law enforcement officials regard anonymity as a threat to public order and talk about limiting anonymity online.

In "Nameless in Cyberspace: Anonymity on the Internet," Jonathan D. Wallace, an attorney and software executive, takes a look at the role of anonymous speech in the founding of the United States and the subsequent legal history of such speech. "Anonymous and pseudonymous speech on the Internet forms a part of the rich tradition of such speech in prior media including print, and is entitled to the same First Amendment protections," he writes. "Legislation against anonymity threatens to end that rich tradition and should be opposed. If such legislation is passed, we can be confident that the Supreme Court will again find it inconsistent with our Constitution and our history."

Many well-known historical papers and articles, all controversial in their time, were written anonymously because the authors feared persecution if their identities were known. Classic examples include Thomas Paine's Common Sense, written under the name "An Englishman"; the Federalist Papers, written under the name "Publius"; and Cato's Letters, a series of essays on liberty written under the pseudonym "Cato." Cato's Letters were republished by John Peter Zenger, a German immigrant who was arrested for seditious libel in 1735 for printing anonymous essays attacking New York governor William Cosby. Zenger's acquittal helped ensure freedom of speech and of the press at a crucial time in American history.

Law enforcement officials argue that the Internet is more pervasive than regular print communication because it reaches a wider audience easily, and that it is more dangerous because there is no gatekeeper, such as an editor. Therefore, moves should be made to eliminate anonymity, they argue. But Wallace says that "problems linked to anonymity, such as difficulty in tracing hackers and perpetuators of online fraud, must find other solutions. Better security practices as a preventative measure are a logical first step. Around the world, many governments refuse to protect their citizens' basic rights, including the freedom of speech. Anonymous Internet communications may be the only way to ensure those regimes' accountability."

"Nameless in Cyberspace: Anonymity on the Internet"