Anonymity and SPAM

1
Anonymity and SPAM

• The Good, the Bad and the Ugly!

2
Anonymous?

• The quality or state of being anonymous, which is
  the condition of having a name or identity that
  is unknown or concealed. RFC 2828www.w3.org/200
  3/glossary/subglossary/ws-gloss.rdf/
• Anonymity is the state of not being identifiable
  within a set, called the "anonymity set". When
  referring to human beings, we say that a person
  is anonymous when the identity of that person is
  not known. Being anonymous usually is a result of
  not disclosing one's identity. This may be simply
  because the person was not asked, as in an
  occasional encounter between strangers, or
  because the person is unable or unwilling to
  tell. en.wikipedia.org/wiki/Anonymity
• "Anonymity" and "confidentiality" do not have the
  same meaning and are not interchangeable.www.virg
  inia.edu/vprgs/irbsbsterminology.html

3
Anonymous?

• Why would someone want to be anonymous?
• The Founding Fathers often chose anonymity in
  their protests by using pseudonyms on printed
  material or not listing authorship at all.
• Signing the Declaration of Independence was a
  very big deal!
• Is this new to the Internet?
• Is Anonymity on the Internet more important than
  in real life?

4
Anonymous Internet Services?

• Should people be able to Email and Surf the Web
  anonymously?
• Anonymizer.com
• Zero-Knowledge System
• SafeWeb
• Some of these providers use encryption services
  so that even the ISP cannot identify the user

5
Anonymous Internet Services?

• SafeWeb
• developed tools to assist individuals living
  under governments that limit Internet access such
  as China, and Iran.
• CIA uses SafeWeb
• So no one knows youre a spy!

6
Anonymity and Free Speech

• Bill of Rights protects free speech, but there
  are still times when we do not want to be
  identified?
• Examples?

7
Anonymity and Free Speech

• In 1995 the Supreme Court invalidated an Ohio
  law under which a women was fined for
  distributing pamphlets against a proposed school
  tax without putting her name on them.
• The Court ruled that distribution of anonymous
  political leaflets (by an individual) is an
  exercise of freedom of speech protected by the
  First Amendment.
• The Court said anonymous pamphleteering is not
  a pernicious, fraudulent practice, but an
  honorable tradition of advocacy and of dissent.
  Anonymity is a shield from the tyranny of the
  majority.

8
Anonymity and Free Speech

• As a result of this Ohio ruling, a federal court
  threw out a 1996 Georgia law against using a
  false identity on the Internet.
• But, going to court to enforce ones rights can
  be expensive. Often the threat of legal action
  shuts down free speech.

9
Anonymity and Free Speech

• The ability to post anonymously is good.
• Is it?
• Is it always good?
• How do we filter truth from fiction?
• How do we protect ourselves from libel or
  defamation of character?

10
Anonymity and Free Speech

• Because of its potential to shield criminal
  activity or because they consider it bad
  netiquette some services choose to discourage or
  prohibit anonymity. Some require identification
  of all members and users. Some do not accept any
  e-mail from known anonymous re-mailer sites.
• On the other hand, Web sites that emphasize
  debate on controversial issues or have discussion
  groups on socially sensitive topics often
  consider anonymity to be a reasonable way to
  protect privacy and encourage open, honest
  discussion.

11
Anonymity and Free Speech

• Anonymity on the Internet issued for criminal and
  antisocial purposes including the planning of
  terrorist attacks.
•  
• Law enforcement officials argue for laws that
  require ISPs to maintain records of the true
  identity of each user and to maintain records of
  online activity for a specific period of time for
  potential use in criminal investigations.

12
Anonymity and Free SpeechProtecting the Many
from the Few

• This Can limit Free Speech because the basic
  rules of our legal system change!
• To do so we become
• Innocent until proven guilty

13
SPAM

• Electronic junk mail or junk newsgroup postings.
  Some people define spam even more generally as
  any unsolicited e-mail. Real spam is generally
  e-mail advertising for some product sent to a
  mailing list or newsgroup. http//www.webopedia.c
  om/TERM/s/spam.html
• The Internet version of junk mail. Spamming is
  sending the same message to a large number of
  mailing lists or newsgroups usually to advertise
  something.www.4guys.com/glossary.cfm

14
SPAM

• A new survey shows American business e-mail users
  indicate the difference between spam and
  desired e-mail is whether the user has previously
  transacted business with the sender.
• http//dc.internet.com/news/article.php/2199981

15
SPAM

• First Amendment Guarantees Free Speech
• Is SPAM a variant of Free Speech?

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SPAM and Free Speech

• Can the use of filters by organizations and
  companies such as AOL, MSN and ISPs use of SPAM
  viewed as violations of the sender or the
  receivers free speech?
• Is AOL like a membership organization with
  property where SPAM is an invasion of private
  property or like the Post Office?

17
SPAM and Free Speech

• What about anti-SPAM listing services that
  provide lists of SPAMers.
• Who get included?
• Who decides?
• Is a Harris Poll survey SPAM?

18
SPAM, Free Speech and the Legal System?!

• Thirty-six states have tried by enacting their
  own versions of anti-spam laws
• Only two state prosecutions were ever
  successfully brought against spammers, and only
  one was able to enforce its law against an
  out-of-state spammer.
• http//www.jcil.org/journal/articles/380.html

19
SPAM, Free Speech and the Legal System?!

• CAN-SPAM Act of 2003
• The Controlling the Assault of Non-Solicited
  Pornography and Marketing Act requires
  unsolicited commercial e-mail messages to be
  labeled (though not by a standard method) and to
  include opt-out instructions and the sender's
  physical address. It prohibits the use of
  deceptive subject lines and false headers in such
  messages. The FTC is authorized (but not
  required) to establish a "do-not-email" registry.
  State laws that require labels on unsolicited
  commercial e-mail or prohibit such messages
  entirely are pre-empted, although provisions
  merely addressing falsity and deception would
  remain in place. The CAN-SPAM Act took effect on
  January 1, 2004.http//www.spamlaws.com/federal/su
  mm108.shtmls877