39. Noah Levine, "Note: Establishing Legal
"A" and "Ada") was Sarah L. Forten, a founding
Accountability for Anonymous Communication
member of the Philadelphia Female Anti-Slavery
in Cyberspace," Columbia Law Review 96 (October
Society. Her works appeared in Garrison's news-
1996): 1526, 1561.
paper, The Liberator. Ibid., p. 145. Her brother,
James Jr., also wrote for The Liberator under the
40. ACLU v. Reno, 117 S.Ct. 2329 (1997).
pseudonym "F." Ibid., p. 164.
41. Ibid. at 2344.
18. "Zillah" was Sarah M. Douglass. She was one
of the first to open a school for women and even-
42. See generally Denver Area Telecommunications
tually taught medicine and physiology.
Consortium v. FCC, 116 S.Ct. 2374 (1996).
19. George Kennan, Memoirs 19251950 (Boston:
43. FCC v. Pacifica Foundation, 438 U.S. 726, 98
Little, Brown & Co., 1967), pp. 35467.
S.Ct. 3026 (1978).
20. Margaret Blanchard, Revolutionary Sparks (New
44. 47 U.S.C.A. § 223(a)(1), § 223(d), § 223(e)(5)(A)
York: Oxford University Press, 1992), p. 237.
supp. 1997.
21. McIntyre v. Ohio Campaign Commission, 514 U.S.
45. ACLU v. Reno at 2344.
334, 115 S.Ct. 1511 (1995).
46. Ibid. at 2343; Jonathan D. Wallace, "The
22. Ohio Rev. Code Ann. § 3599.09(A) (1988).
Specter of Pervasiveness: Pacifica, New Media, and
Freedom of Speech," Cato Institute Briefing
23. McIntyre.
Paper no. 35, February 12, 1998, pp. 79.
24. Ibid. at 341 (citing Talley v. California, 362 U.S.
47. Cass Sunstein, "Constitutional Caution," 1996
60, 64, 80 S.Ct. 536, 538) (1960).
University of Chicago Legal Forum, pp. 361, 370,
1996.
25. Ibid. at 342.
48. Abrams v. U.S., 250 U.S. 616, 630, 40 S.Ct. 17,
26. Miami Herald Publishing Co. v. Tornillo, 418 U.S.
22 (1919) (Holmes, J., dissenting).
241, 94 S.Ct. 2831 (1974).
49. Cass Sunstein, "The First Amendment in
27. McIntyre at 348.
Cyberspace," Yale Law Journal 104 (May 1995): 1757.
28. Ibid. at 342.
50. Lee Tien, "Who's Afraid of Anonymous
29. Ibid. at 357.
Speech? McIntyre and the Internet," Oregon Law
Review 75 (Spring 1996): 117, 152.
30. Ibid.
51. Justice Department prosecutor Philip Reitinger
31. NAACP v. Alabama, 357 U.S. 449, 78 S.Ct. 1163
has argued that true anonymity destroys the hope
(1958); NAACP v. Alabama, 360 U.S. 240, 79 S.Ct.
of catching criminals. "I think we are perilously
1001 (1959); NAACP v. Alabama, 377 U.S. 288, 84
close to a lose-lose situation in which citizens have
S.Ct. 1302 (1964).
lost their privacy to commercial interests and crim-
inals have easy access to absolute anonymity."
32. Brown v. Socialist Workers '74 Campaign
Steve Lohr, "Privacy on Internet Poses Legal
Commission (Ohio), 459 U.S. 87, 103 S.Ct. 416
Puzzle," New York Times, April 19, 1999, p. C4.
(1982).
52. "Internet Change Focus of International Law
33. Talley v. California, 362 U.S. 60, 64, 80 S.Ct. 536,
Enforcement," Communications Daily, December
538 (1960).
17, 1997.
34. Act. No. 1029, GA Laws 1996, GA Statute p. 1505,
53. Louis Freeh, Testimony before Senate
codified at O.C.G.A. §§ 16-993.1
Appropriations Subcommittee, March 10, 1998,
quoted in e-mail of Declan McCullagh to "nym"
35. ACLU v. Miller.
list, March 10, 1998.
36. Ibid. at 1232.
54. Network-clogging anonymous spam is anoth-
er problem associated with anonymity, but
37. Ibid. at 1233.
approaches other than banning anonymity are
available there as well. They include blacklisting
38. March 4, 1994, essay available at http://www. eff.org/.
Internet service providers that host spammers; fil-
7