Upgrad LLM

value of anonymity in true democracy


I was compelled to post this thread after reading the hideous and draconian Cyber Cafe Law and Rules u/s 79 in India at http://www.lawyersclubindia.com/articles/Cyber-Cafe-Law-Rules-u-s-79-in-India-3711.asp Rather it is a slow and hidden attack on democracy. It appears as a paranoid behaviour to catch hold of the last straw while drowning by a State that appears to be on the brink of self destruction and failure. What kind of freedom of expression is this? In many Western countries people can access internet wireless hot spots anonymously. Many companies and households keep their wireless routers open for anonymous public access.


Instead of transforming into an open and free democratic country, where citizens truly enjoy the freedoms,  we seem to be slowly moving towards a totalitarian nanny State where every aspect of the lives of citizen is dominated and dictated by government.


The value of anonymous free speech and expression cannot be better explained by the following which I found at http://www.eff.org/issues/anonymity


Many people don't want the things they say online to be connected with their offline identities. They may be concerned about political or economic retribution, harassment, or even threats to their lives. Whistleblowers report news that companies and governments would prefer to suppress; human rights workers struggle against repressive governments; parents try to create a safe way for children to explore; victims of domestic violence attempt to rebuild their lives where abusers cannot follow.

Instead of using their true names to communicate, these people choose to speak using pseudonyms (assumed names) or anonymously (no name at all). For these individuals and the organizations that support them, secure anonymity is critical. It may literally save lives.

Anonymous communications have an important place in our political and social discourse. The Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment. A much-cited 1995 Supreme Court ruling in McIntyre v. Ohio Elections Commission reads:

 

Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

The tradition of anonymous speech is older than the United States. Founders Alexander Hamilton, James Madison, and John Jay wrote the Federalist Papers under the pseudonym "Publius," and "the Federal Farmer" spoke up in rebuttal. The US Supreme Court has repeatedly recognized rights to speak anonymously derived from the First Amendment.

The right to anonymous speech is also protected well beyond the printed page. Thus, in 2002, the Supreme Court struck down a law requiring proselytizers to register their true names with the Mayor's office before going door-to-door.

These long-standing rights to anonymity and the protections it affords are critically important for the Internet. As the Supreme Court has recognized, the Internet offers a new and powerful democratic forum in which anyone can become a "pamphleteer" or "a town crier with a voice that resonates farther than it could from any soapbox."

The Electronic Frontier Foundation has been involved in the fight to protect the rights of anonymous speakers online. As one court observed, in a case handled by EFF along with the ACLU of Washington, "[T]he free exchange of ideas on the Internet is driven in large part by the ability of Internet users to communicate anonymously."

We've challenged many efforts to impede anonymous communication, both in the courts or the legislatures. We also previously provided financial support to the developers of Tor, an anonymous Internet communications system. By combining legal and policy work with technical tools, we hope to maintain the Internet's ability to serve as a vehicle for free expression.

 
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