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In The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment's protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The United States of Anonymous weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.
Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists' sources, where the law upholds a freedom to communicate anonymously through the media. A separate chapter looks at anonymous Internet communication, particularly on social media, and analyses the difficulties faced by the victims of threats and defamatory allegations on the Net when the speaker has used a pseudonym. In its final chapter the book compares the universally accepted argument for the secret ballot with the more controversial case for anonymous speech. This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century – largely in the context of literary reviewing – and are now of enormous importance for communication on the Internet.
Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists' sources, where the law upholds a freedom to communicate anonymously through the media. A separate chapter looks at anonymous Internet communication, particularly on social media, and analyses the difficulties faced by the victims of threats and defamatory allegations on the Net when the speaker has used a pseudonym. In its final chapter the book compares the universally accepted argument for the secret ballot with the more controversial case for anonymous speech. This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century – largely in the context of literary reviewing – and are now of enormous importance for communication on the Internet.
"In recent years, anonymity has rocked the political and social landscape. The examples are many: an anonymous whistleblower revealed a quid-pro-quo verbal promise made by Donald Trump to Ukrainian president Volodymyr Zelensky, the hacker group Anonymous compromised more than 100 million Sony accounts, and the bestselling author Elena Ferrante insistently refused to reveal her real name and identity. In Anonymous, Thomas DeGloma sets out to provide a sociological theory that accounts for the many faces of anonymity, describing the social forces that give anonymity its unique power in our society. He asks a number of pressing questions about the social conditions and effects of anonymity: What is anonymity, and why, under various circumstances, do individuals act anonymously? How do individuals accomplish anonymity? How do they use it, and, in some situations, how is it imposed on them? What are the implications of anonymous actions, for various relationships, and for society in general, for better or for worse? To answer these questions, DeGloma tackles anonymity thematically, dedicating each chapter to a distinct type of anonymous action. These span what DeGloma calls protective anonymity (when anonymity allows people to take action that would be impossible or unsafe if their identity were known), subversive anonymity (when actors use anonymity to escape scrutiny or punishment, whether for liberatory or nefarious purposes), or ascribed anonymity (when people become effectively anonymous because their individual attributes are subsumed in a generic category such as racial typification). Ultimately, he uncovers how meanings are made and conveyed in anonymous interactions and situations, explores the ways that anonymity can be imposed on individuals in some relationships, and helps us better understand the consequences of anonymous performances and ascriptions of anonymity for all those involved"--
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.
A first-person account of the fight to preserve First Amendment rights in the digital age. Lawyer and writer Mike Godwin has been at the forefront of the struggle to preserve freedom of speech on the Internet. In Cyber Rights he recounts the major cases and issues in which he was involved and offers his views on free speech and other constitutional rights in the digital age. Godwin shows how the law and the Constitution apply, or should apply, in cyberspace and defends the Net against those who would damage it for their own purposes. Godwin details events and phenomena that have shaped our understanding of rights in cyberspace—including early antihacker fears that colored law enforcement activities in the early 1990s, the struggle between the Church of Scientology and its critics on the Net, disputes about protecting copyrighted works on the Net, and what he calls "the great cyberporn panic." That panic, he shows, laid bare the plans of those hoping to use our children in an effort to impose a new censorship regime on what otherwise could be the most liberating communications medium the world has seen. Most important, Godwin shows how anyone—not just lawyers, journalists, policy makers, and the rich and well connected—can use the Net to hold media and political institutions accountable and to ensure that the truth is known.
The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.
The Adversary First Amendment presents a unique and controversial rethinking of modern American democratic theory and free speech. Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying upon cooperative or collectivist theories of democracy. Martin Redish reconsiders free speech in the context of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
As seen on CBS 60 Minutes "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law—a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day. The Twenty-Six Words That Created the Internet tells the story of the institutions that flourished as a result of this powerful statute. It introduces us to those who created the law, those who advocated for it, and those involved in some of the most prominent cases decided under the law. Kosseff assesses the law that has facilitated freedom of online speech, trolling, and much more. His keen eye for the law, combined with his background as an award-winning journalist, demystifies a statute that affects all our lives –for good and for ill. While Section 230 may be imperfect and in need of refinement, Kosseff maintains that it is necessary to foster free speech and innovation. For filings from many of the cases discussed in the book and updates about Section 230, visit jeffkosseff.com