more on EFF Announces New Privacy Tool

[David Farber <dave () farber net>]

------ Forwarded Message
From: Brad Templeton <btm () templetons com>
Organization: http://www.templetons.com/brad
Date: Mon, 07 Feb 2005 18:15:29 -0800
To: David Farber <dave () farber net>
Cc: <jezor () tourolaw edu>
Subject: Re: [IP] EFF Announces New Privacy Tool

On Mon, Feb 07, 2005 at 05:36:41PM -0500, David Farber wrote:
> ------ Forwarded Message
> From: "Prof. Jonathan Ezor" <jezor () tourolaw edu>
> Date: Mon, 07 Feb 2005 17:32:38 -0500
> To: <dave () farber net>
> Subject: RE: [IP] EFF Announces New Privacy Tool
>
> One implication of this, which is likely intentional, is that without logs,
> ISPs *can't* respond to subpoenae seeking to identify who was using a
> particular IP address at a particular time.  While that makes life easier
> for
> the ISPs (and makes it easier for the users to be anonymous), it makes it
> much harder for companies to identify and catch true cybercriminals.
> {Jonathan} 

This statement suggests this is not anticipated.   A free society such
as ours has made a conscious, not accidental decision, to protect the
right of anonymous speech, fully aware that anonymous communication can
be used by those out to do ill, including "true cybercriminals."

Our society has decided that it is more important that the vast majority
of citizens, who are honest, get the true freedom of speech that comes
from being able to say things anonymously.  This is, of course in part
due to the many famous productive uses of anonymous speech that are found
throughout history and in the founding of the USA and drafting of its
fundamental documents.   But the Supreme Court has upheld this principle
many times, it is not a modern invention.

You may be wanting to suggest that we revisit this decision, which you
may certainly do -- even anonymously.   But for now, part of the decision
is that yes, it may be harder to catch some wrongdoers, but that the
rights of the people to anonymous speech trump that.

However, as every digital step we take in the modern world gets recorded
and logged in a form that can be subject to warrant or subpoena, the
balance shifts away.   Eliminating logs -- something librarians have
done for ages as part of a belief that freedom to read and privacy over
what you read are part of their fundamental mission -- simply restores
the balance to what it was in "olden days" when these logs weren't there
at all.

You may wish to present arguments that other balances have changed as
well, and this is part of the debate.   But saying "Anonymity may protect
bad guys" asks a question our society has already answered.

------ End of Forwarded Message


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