Online Anonymity

As discussed in class, the Supreme Court has held that the First Amendment protects the right to speak anonymously, at least in certain circumstances. Should that right apply online? On the one hand, online anonymity, especially as implemented by Tor, has been abused by drug smugglers, child pornographers, etc. On the other hand, anonymity has also been used by human rights workers in oppressive countries, journalists, and ordinary citizens who simply don't want their web use to be tracked. 

What’s the right balance between the constitutional right to speak anonymously and the needs of the government in investigating serious criminal misconduct online? Could Congress pass a law that requires technology companies to be able to identify their users (even if only via an IP address) in response to legal process, such as a warrant or subpoena? Would such a law violate the First Amendment? Would it mandate that certain information be logged? Would it make Tor—and hence Secure Drop—illegal?

Resolved: that Congress should require technology companies to maintain the ability to identify their users, even if only by logging their users’ IP addresses.

The standard debate policies and format apply.