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Internet and the right of anonymity

Dirk Voorhoof (UGent)
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Abstract
This articles explores the ratio and characteristics of the right of anonymity on the Internet. A right of anonymity is considered as a shield against oppression, harassment, retaliation, censorship or discrimination and therefore it is considered as a vital component of freedom of speech or freedom of expression. Reference is made to several existing types of rights of anonymity in relation to freedom of expression, such as the right to protect (confidential) journalistic sources, free elections with secret ballot, the right of authors to create works under a pseudonym or anonymous, undercover or alias journalism... A right of anonymity however will inevitably have a relative character, due to society’s interest in determining one’s accountability, responsibility or liability in case of illegal or harmful content. In criminal law, for reasons of civil liability, for the protection of intellectual property law or in the area of commercial communications and advertising, the need for identification has reduced the scope of protection of one’s right to anonymity. It is explained how this approach is reflected in Principle 7 of the Declaration of the Council of Europe on Freedom of Communication on the Internet (28 May 2003). Striking a fair balance between the right of users of the Internet not to disclose their identity and tracing those responsible for criminal acts is the difficult but also inevitable challenge in this regard, a balance which cannot be found without respecting rigorously the human rights and fundamental freedoms of the involved persons. These rights and freedoms also need to be protected with extra procedural guarantees, e.g. regarding the disclosure of the identity by ISP’s or the detention of personal data by ISP’s and public authorities.
Keywords
Internet, Responsibility and Control, Participation, Right of anonymity, Freedom of Expression, HRC

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MLA
Voorhoof, Dirk. “Internet and the Right of Anonymity.” Proceedings of the Conference Regulating the Internet, Belgrade, 2010, edited by Jelena Surculija, Center for Internet Development, 2011, pp. 163–73.
APA
Voorhoof, D. (2011). Internet and the right of anonymity. In J. Surculija (Ed.), Proceedings of the conference Regulating the Internet, Belgrade, 2010 (pp. 163–173). Belgrade, Serbia: Center for Internet Development.
Chicago author-date
Voorhoof, Dirk. 2011. “Internet and the Right of Anonymity.” In Proceedings of the Conference Regulating the Internet, Belgrade, 2010, edited by Jelena Surculija, 163–73. Belgrade, Serbia: Center for Internet Development.
Chicago author-date (all authors)
Voorhoof, Dirk. 2011. “Internet and the Right of Anonymity.” In Proceedings of the Conference Regulating the Internet, Belgrade, 2010, ed by. Jelena Surculija, 163–173. Belgrade, Serbia: Center for Internet Development.
Vancouver
1.
Voorhoof D. Internet and the right of anonymity. In: Surculija J, editor. Proceedings of the conference Regulating the Internet, Belgrade, 2010. Belgrade, Serbia: Center for Internet Development; 2011. p. 163–73.
IEEE
[1]
D. Voorhoof, “Internet and the right of anonymity,” in Proceedings of the conference Regulating the Internet, Belgrade, 2010, J. Surculija, Ed. Belgrade, Serbia: Center for Internet Development, 2011, pp. 163–173.
@incollection{2045023,
  abstract     = {{This articles explores the ratio and characteristics of the right of anonymity on the Internet. A right of anonymity is considered as a shield against oppression, harassment,  retaliation, censorship or discrimination and therefore it is considered as a vital component of freedom of speech or freedom of expression. Reference is made to several existing types of rights of anonymity in relation to freedom of expression, such as the right to protect (confidential) journalistic sources, free elections with secret ballot, the right of authors to create works under a pseudonym or anonymous, undercover or alias journalism... A right of anonymity however will inevitably have a relative character, due to society’s interest in determining one’s accountability, responsibility or liability in case of illegal or harmful content. In criminal law, for reasons of civil liability, for the protection of intellectual property law or in the area of commercial communications and advertising, the need for identification has reduced the scope of protection of one’s right to anonymity. It is explained how this approach is reflected in Principle 7 of the Declaration of the Council of Europe on Freedom of Communication on the Internet (28 May 2003). Striking a fair balance between the right of users of the Internet not to disclose their identity and tracing those responsible for criminal acts is the difficult but also inevitable challenge in this regard, a balance which cannot be found without respecting rigorously the human rights and fundamental freedoms of the involved persons. These rights and freedoms also need to be protected with extra procedural guarantees, e.g. regarding the disclosure of the identity by ISP’s or the detention of personal data by ISP’s and public authorities.}},
  author       = {{Voorhoof, Dirk}},
  booktitle    = {{Proceedings of the conference Regulating the Internet, Belgrade, 2010}},
  editor       = {{Surculija, Jelena}},
  isbn         = {{9788690576913}},
  keywords     = {{Internet,Responsibility and Control,Participation,Right of anonymity,Freedom of Expression,HRC}},
  language     = {{eng}},
  pages        = {{163--173}},
  publisher    = {{Center for Internet Development}},
  title        = {{Internet and the right of anonymity}},
  year         = {{2011}},
}