Establishing legal accountability for anonymous communication in cyberspace

Article Abstract:

The most effective way to limit the improper use of anonymous remailers on the Internet is to impose liability on remailer administrators for activities that they have constructive knowledge of. Anonymous remailers are being used to distribute child pornography, defame people and infringe on copyrights. Banning remailers is too extreme because they do serve some benefit, but someone must be accountable for the harm that results from anonymity. Administrators could be held liable if they have been informed that an anonymous user is using the account improperly and they allow the conduct to continue.

Internet, Electronic mail systems, Email, Anonymous letters

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Fighting words and fighting freestyle: the constitutionality of penalty enhancement for bias crimes

Article Abstract:

The US Supreme Court decision in R.A.V. v City of St Paul does not apply to statutes that are facially content neutral. Therefore, statutes that provide enhanced penalties for bias crimes are not threatened by that decision, although state supreme courts in Wisconsin and Ohio have reached the opposite conclusion and held their state penalty-enhancement statutes unconstitutional. The statute in R.A.V. outlawed certain forms of expression based on content whereas penalty-enhancement statutes typically address bias as a motive for crime rather than the expressive content of conduct.

Hate crimes

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Symbolic speech and social meaning

Article Abstract:

The jurisprudence of symbolic speech should be reconfigured to reflect the factors used and the weight given those factors by courts. The US Supreme Court's decision in Spence v. Washington requires courts to determine whether 1st Amendment protection is warranted in symbolic speech cases by assessing actors' intent and the facts of the cases. Courts in practice apply a more general approach by determining the social meaning of the conduct and imputed intent at most. Modifying the doctrine to mirror judicial practice would provide academic and practical benefits.

Flag desecration

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