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?

The debate will consist of three sections: a presentation by each side, a rebuttal, and questions. Presentations must address both the legal and technical aspects of the question. Each side should prepare two opening statements of about 4 minutes each; one should be by a CS student and one by a law student—but there is no requirement that each student "stay in their lane". In fact, we encourage just the opposite. Each side will then get 4 minutes rebuttal. The rebuttal should be just that: rebutting points that the other team has made, or noting things that they have missed in your presentation. After that, there will be questioning, primarily by the rest of the class. The total time will be about an hour.