From: luis terrassa <luiste@prw.net>
  To  : <CPC@emoglen.law.columbia.edu>
  Date: Mon, 2 May 2005 22:54:17 -0400

paper #2

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In Praise of Digital Schizophrenia (On Anonymity in Cyberspace)

By Luis E. Terrassa

Who amongst us has not, at one time or another, wished to be able to=20
exist as several possible alternate personalities, to split one=92s life=20=

into different characters that may more or less resemble =93whom we =
are=94,=20
but who are at once endowed with the attributes of those various people=20=

we from time to time wish to pretend we were? To be able to give life=20
to those alter-egos that live within us, and to whom the often crazy=20
substance of our fantasies comes naturally, who possess and can exploit=20=

the unique creative talents we know lie hidden within ourselves, and=20
who are able to patiently observe and interpret the subtleties of the=20
world that surrounds us, would undoubtedly unleash an enormous amount=20
of creative energy and possibilities.

Two decades ago, my generation became enthralled with the fantastic=20
flight-of fantasy qualities of role-playing games. That generation=20
suddenly found itself immersed in the ultimate role-play medium, in=20
what has become the parallel reality of cyberspace. The role-play craze=20=

quickly gave way to the promise of that new medium that began to emerge=20=

and claim its space at the heart of our daily lives.

It was not long before people were reinventing themselves in=20
chat-rooms, flirting and falling in love with others=92 fantasies,=20
devising business models that their old bosses could hardly have=20
conceived of, covering news that the media hardly took notice of, and=20
creating new art-forms that the gatekeepers of culture either failed to=20=

take seriously or deemed unprofitable.

But the darker side of reality soon reared its ugly head, to reminded=20
us of what a dangerous place cyberspace could become, with criminals,=20
perverts and zealots waiting to unleash their ugly schemes, heinous=20
crimes, and nasty politics upon a na=EFve and unsuspecting populace. =
With=20
the torrent of unsolicited pornographic =93spam=94, new mafias stealing=20=

credit cards and identities, and perverts tempting the young with their=20=

poisoned candy, the promised cyber-Age of Aquarius began to resemble=20
the seedier neighborhoods of a third-world tourist paradise. And that=20
was before anyone became aware of the terrorists lurking and plotting=20
in the darker shadows of the Web=85

Bureaucrats and politicians, in their eagerness to be first to the=20
scene of the crime, suddenly saw the Web as the latest Great Threat to=20=

the principles of Civilized Society. The anonymous Internet user became=20=

the quintessential shadow lurking in the dark alley, the perfect=20
scapegoat for the day. Whether his crime was plotting to terrorize=20
Western civilization, selling adulterated Viagra without a=20
prescription, peddling porn sites to children and older ladies, or=20
depriving the music industry of its spoils by enticing teenagers to=20
save their lunch money, an enemy was clearly coming into focus in the=20
eyes of the wielders of the tools of regulation.

For a brief time, the Web had offered itself as democracy=92s magic =
wand,=20
as the instrument capable of vanquishing the totalitarian dragon of the=20=

dying Century through its ability to reconcile individual freedom with=20=

social progress. The vertiginous growth of a seemingly lawless Internet=20=

user community, however, began to pose a challenge to society=92s=20
collective need for order and method, and the mass tendency to succumb=20=

to the fear of the unknown began to make its way into the political=20
climate. In an environment that suddenly had become=20
uncharacteristically tolerant of surveillance and intrusion into what=20
had been regarded as private, law enforcement authorities had their way=20=

with legislation that focused on maximizing the surveillance and=20
investigative potential of new technologies, with little regard for the=20=

values of privacy, expressive freedom and creativity.

Crime will always require a willing perpetrator, and some injury to=20
flesh or tangible property, whatever accessorial possibilities may be=20
opened up by new means of communicating. To deny the promises for=20
expression and creativity held by the ability to interact freely,=20
without irretrievably attaching one=92s identity to everything one=20
chooses to say, solely for the convenience of law enforcement and moral=20=

regulation is not only unfortunate, but also contrary to the spirit of=20=

the freedoms we have grown accustomed to hold sacred, and which are=20
embodied in the Constitution. The Framers of the Bill of Rights never=20
intended to ease the job of law enforcement authorities. Rather, they=20
realized that certain safeguards for individual freedom from the power=20=

of the State were essential to the full development of the human=20
potential.

It is undeniable that, as we enter the 21st century, a growing portion=20=

of our personalities are likely to find expression and take shape=20
within that dimensionless new frontier that technology has opened=20
before us. Much of what we are in the =93real=94 world is a product of =
the=20
rules and freedoms we live under and take for granted. The substantial=20=

expectation of privacy we have come to expect in the conduct of our=20
daily lives has enormous weigh in determining how we choose to develop=20=

and express our personalities. As we move into a world in which many of=20=

our acts and interactions take place electronically, we must develop=20
new forms of societal respect for that personal space. Unless the rules=20=

by which society enforces its respect for our intimacy and freedom of=20
expression are able to evolve and adapt to these new circumstances,=20
they will quickly become irrelevant. In a world in which much of we say=20=

or do can be constantly be attributed to us, recorded and monitored,=20
the parameters within which we have traditionally defined our private=20
spheres and defined our personalities can no longer be taken for=20
granted.

It may be that we need new rights and freedoms in order to adapt to=20
these new circumstances. But one can still prefer to believe that we=20
need only give new impulse to our well-established tradition of=20
adapting what we have to the shape of what we come into. Our=20
Constitution has shown itself to be remarkably flexible and resilient=20
in the face of profound societal changes. It is true that=20
constitutional jurisprudence evolves slowly, and technology seems to be=20=

reshaping society at unprecedented speed. While our legal system=20
struggles with issues that may quickly fade into irrelevance, some=20
fundamental questions require immediate attention if we are to prevent=20=

essential freedoms from being eroded by changing circumstances. But if=20=

we seize upon the creative energies that come with these new=20
circumstances, we may not be too late to move towards a constitutional=20=

framework that can preserve the achievements we have attained, while=20
enabling progress and innovation to help us evolve into a society that=20=

we can be proud to claim as our offspring.

The right to conduct anonymous communications is not new in American=20
jurisprudence. It has long been recognized by the Supreme Court as=20
essential to our First Amendment right to express and disseminate our=20
views. Gradually, anonymity may need to emerge as a fundamental=20
individual right if society is to take full advantage of the=20
possibilities embodied in the ability to use technological progress to=20=

expand the scope of our capacity to interact, communicate, and=20
influence each other. Unless we begin to realize this need and begin to=20=

defend our right to express ourselves anonymously soon, we may come to=20=

regret never having seized upon its possibilities, and we may have to=20
wait a long time before we can allow our individual fantasies to seize=20=

our collective imagination.

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<bold><fontfamily><param>Verdana</param>In Praise of Digital
Schizophrenia (On Anonymity in Cyberspace)

</fontfamily></bold><fontfamily><param>Verdana</param>

By Luis E. Terrassa


Who amongst us has not, at one time or another, wished to be able to
exist as several possible alternate personalities, to split one=92s life
into different characters that may more or less resemble =93whom we
are=94, but who are at once endowed with the attributes of those various
people we from time to time wish to pretend we were? To be able to
give life to those alter-egos that live within us, and to whom the
often crazy substance of our fantasies comes naturally, who possess
and can exploit the unique creative talents we know lie hidden within
ourselves, and who are able to patiently observe and interpret the
subtleties of the world that surrounds us, would undoubtedly unleash
an enormous amount of creative energy and possibilities.


Two decades ago, my generation became enthralled with the fantastic
flight-of fantasy qualities of role-playing games. That generation
suddenly found itself immersed in the ultimate role-play medium, in
what has become the parallel reality of cyberspace. The role-play
craze quickly gave way to the promise of that new medium that began to
emerge and claim its space at the heart of our daily lives.


It was not long before people were reinventing themselves in
chat-rooms, flirting and falling in love with others=92 fantasies,
devising business models that their old bosses could hardly have
conceived of, covering news that the media hardly took notice of, and
creating new art-forms that the gatekeepers of culture either failed
to take seriously or deemed unprofitable.


But the darker side of reality soon reared its ugly head, to reminded
us of what a dangerous place cyberspace could become, with criminals,
perverts and zealots waiting to unleash their ugly schemes, heinous
crimes, and nasty politics upon a na=EFve and unsuspecting populace.
With the torrent of unsolicited pornographic =93spam=94, new mafias
stealing credit cards and identities, and perverts tempting the young
with their poisoned candy, the promised cyber-Age of Aquarius began to
resemble the seedier neighborhoods of a third-world tourist paradise.
And that was before anyone became aware of the terrorists lurking and
plotting in the darker shadows of the Web=85


Bureaucrats and politicians, in their eagerness to be first to the
scene of the crime, suddenly saw the Web as the latest Great Threat to
the principles of Civilized Society. The anonymous Internet user
became the quintessential shadow lurking in the dark alley, the
perfect scapegoat for the day. Whether his crime was plotting to
terrorize Western civilization, selling adulterated Viagra without a
prescription, peddling porn sites to children and older ladies, or
depriving the music industry of its spoils by enticing teenagers to
save their lunch money, an enemy was clearly coming into focus in the
eyes of the wielders of the tools of regulation.


For a brief time, the Web had offered itself as democracy=92s magic
wand, as the instrument capable of vanquishing the totalitarian dragon
of the dying Century through its ability to reconcile individual
freedom with social progress. The vertiginous growth of a seemingly
lawless Internet user community, however, began to pose a challenge to
society=92s collective need for order and method, and the mass tendency
to succumb to the fear of the unknown began to make its way into the
political climate. In an environment that suddenly had become
uncharacteristically tolerant of surveillance and intrusion into what
had been regarded as private, law enforcement authorities had their
way with legislation that focused on maximizing the surveillance and
investigative potential of new technologies, with little regard for
the values of privacy, expressive freedom and creativity.


Crime will always require a willing perpetrator, and some injury to
flesh or tangible property, whatever accessorial possibilities may be
opened up by new means of communicating. To deny the promises for
expression and creativity held by the ability to interact freely,
without irretrievably attaching one=92s identity to everything one
chooses to say, solely for the convenience of law enforcement and
moral regulation is not only unfortunate, but also contrary to the
spirit of the freedoms we have grown accustomed to hold sacred, and
which are embodied in the Constitution. The Framers of the Bill of
Rights never intended to ease the job of law enforcement authorities.
Rather, they realized that certain safeguards for individual freedom
from the power of the State were essential to the full development of
the human potential.


It is undeniable that, as we enter the 21st century, a growing portion
of our personalities are likely to find expression and take shape
within that dimensionless new frontier that technology has opened
before us. Much of what we are in the =93real=94 world is a product of =
the
rules and freedoms we live under and take for granted. The substantial
expectation of privacy we have come to expect in the conduct of our
daily lives has enormous weigh in determining how we choose to develop
and express our personalities. As we move into a world in which many
of our acts and interactions take place electronically, we must
develop new forms of societal respect for that personal space. Unless
the rules by which society enforces its respect for our intimacy and
freedom of expression are able to evolve and adapt to these new
circumstances, they will quickly become irrelevant. In a world in
which much of we say or do can be constantly be attributed to us,
recorded and monitored, the parameters within which we have
traditionally defined our private spheres and defined our
personalities can no longer be taken for granted.


It may be that we need new rights and freedoms in order to adapt to
these new circumstances. But one can still prefer to believe that we
need only give new impulse to our well-established tradition of
adapting what we have to the shape of what we come into. Our
Constitution has shown itself to be remarkably flexible and resilient
in the face of profound societal changes. It is true that
constitutional jurisprudence evolves slowly, and technology seems to
be reshaping society at unprecedented speed. While our legal system
struggles with issues that may quickly fade into irrelevance, some
fundamental questions require immediate attention if we are to prevent
essential freedoms from being eroded by changing circumstances. But if
we seize upon the creative energies that come with these new
circumstances, we may not be too late to move towards a constitutional
framework that can preserve the achievements we have attained, while
enabling progress and innovation to help us evolve into a society that
we can be proud to claim as our offspring.


The right to conduct anonymous communications is not new in American
jurisprudence. It has long been recognized by the Supreme Court as
essential to our First Amendment right to express and disseminate our
views. Gradually, anonymity may need to emerge as a fundamental
individual right if society is to take full advantage of the
possibilities embodied in the ability to use technological progress to
expand the scope of our capacity to interact, communicate, and
influence each other. Unless we begin to realize this need and begin
to defend our right to express ourselves anonymously soon, we may come
to regret never having seized upon its possibilities, and we may have
to wait a long time before we can allow our individual fantasies to
seize our collective imagination.

</fontfamily>=

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