Digital Anonymity and the Law

Digital Anonymity and the Law : Tensions and Dimensions

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The right to anonymous exchange of information as well as anonymous commu- nication is in an odd state of paradox. While the formal legal protection of this right appears at an all-time high, developments in both the public and private sec- tor show a growing number of legal and especially technical means to undermine anonymity. The growing interest of people in using the Internet has had a key im- pact on the worldwide availability of personal information. Everyday life is evi- dence that technological advance provides numerous opportunities to trace and track people down. They fuel the commercial interests of persons and organisations who seek to know exactly who is accessing certain digital content in order to be able to charge for it. The pressure on anonymous communication has grown substantially after the 2001 terrorist attack on the World Trade Center and the subsequent new political climate. Although it is still difficult to oversee their exact implications, measures such as the US Patriot Act, the European Cy- bercrime Convention and the European Union rules on data retention may per- haps be only the very first signs that the exercise of the right to the anonymous exchange of information is under substantial pressure. These and other developments have fuelled the dialogue on the beliefs and values behind anonymous communication. Debates rage about how, by whom, and to what extent cyberspace anonymity should be controlled, for technological advance not only provides for new opportunities to trace and track people down.
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Product details

  • Hardback | 307 pages
  • 155 x 235 x 24.13mm | 685g
  • The Hague, Netherlands
  • English
  • Edition. ed.
  • XIV, 307 p.
  • 9067041564
  • 9789067041560
  • 1,319,622

Table of contents

Anonymity and the Law, Some Introductory Remarks.- Anonymity and the Law, Some Introductory Remarks.- I.- Anonymity in the Balance.- The Case of Anonymity in Western Political Philosophy Benjamin Constant's Refutation of Republican and Utilitarian Arguments Against Anonymity.- Concealing and Revealing Identity on the Internet.- A Case Study: The Janus Project.- Market Solutions to Privacy Problems?.- II.- Anonymising Personal Data under European Law.- Enforcement Issues - Mandatory Retention of Traffic Data in the EU: Possible Impact on Privacy and On-Line Anonymity.- Anonymity, the Internet and Criminal Law Issues.- Anonymity, Consumers and the Internet: Where Everyone Knows You're a Dog.- New Rules for Anonymous Electronic Transactions? An Exploration of the Private Law Implications of Digital Anonymity.- Court Assisted Means of Revealing Identity on the Internet.- Anonymity: Challenges for Politics and Law.
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About Chris Nicoll

Chris Nicoll, Barrister (New Zealand), Solicitor (UK and New Zealand). J. E. J. (Corien) Prins, Professor of Law and Informatization, Tilburg University, The Netherlands. Miriam J. M. van Dellen, Ph.D. student, Centre for Law and Public Administration, Tilburg University, The Netherlands.
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