Cyber Civil Rights, by Danielle Keats Citron

Gathered together in one place, for easy access, an agglomeration of writings and images relevant to the Rapeutation phenomenon.

Re: Cyber Civil Rights, by Danielle Keats Citron

Postby admin » Fri Sep 27, 2013 7:14 am

Cyber Civil Rights, by Danielle Keats Citron wrote:A third possible argument for immunizing website operators is to discourage litigation. To be sure, other areas of Internet law seek alternatives to litigation.401 These alternative dispute resolution mechanisms, however, address problems in which ex post remedies are relatively effective and where deterrence is not vital. Online mobs, however, do not operate in good faith. If undeterred, they will continue their attacks, quite willing to have some postings removed – often only after their victims suffer irreparable reputational injuries and the malicious postings have spread across the Internet. Avoidance of unnecessary litigation is a legitimate and important goal, but it too is best addressed in setting the standard of conduct expected from website operators.
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Cyber Civil Rights, by Danielle Keats Citron

Postby admin » Fri Sep 27, 2013 7:15 am

Cyber Civil Rights, by Danielle Keats Citron wrote:Finally, some believe immunizing website operators is essential to preserve anonymity, which they view as vital to free expression on the Internet.402 They may invoke the role of websites such as Wikileaks.org to facilitate political dissidence against oppressive regimes or analogize to important roles played offline by “anonymous” persons, such as investigative journalists’ sources.403 These parallels, however, are inapt. In some instances, many “anonymous” actors are not, in fact, anonymous, but rather have undisclosed identities. No responsible newspaper publishes material based on sources whose identity it does not know. Similarly, although the Supreme Court has rejected thinly supported demands for the production of dissident groups’ membership lists,404 it has never suggested that authorities or private litigants could not obtain the identities of persons reasonably suspected of unlawful activities.405 Freedom of expression has never depended on the absolute ability of speakers to prevent themselves from being identified and held responsible for activities the state may properly prohibit. As Professor Tribe notes, “secrecy often seems the shield of dangerous and irresponsible designs.”406
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Cyber Civil Rights, by Danielle Keats Citron

Postby admin » Fri Sep 27, 2013 7:17 am

Cyber Civil Rights, by Danielle Keats Citron wrote:An orderly articulation of the standard of care for ISPs and website operators is essential. First, it should require website operators to configure their sites to collect and retain visitors’ IP addresses.414 In other words, the standard of care should demand “traceable anonymity.”415 ...

A standard of care that includes traceable anonymity would allow society to enjoy the free expression that anonymity facilitates without eliminating means to combat anonymity’s dark side – the tendency to act destructively when we believe we cannot get caught.419 As Justice Scalia has explained, because anonymity makes lying easier, the identification of speakers can significantly deter the spreading of false rumors and allow us to locate and punish the source of such rumors.420
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Previous

Return to A Growing Corpus of Analytical Materials

Who is online

Users browsing this forum: No registered users and 13 guests

cron