In
cyberspace our every action leaves traces and tells our way of life. We put our
so much personal data on cyberspace so all these information compose our
digital identity. Some of our personal information may be available even after
the deletion of the data and it may accessible through mechanisms storage such
as cached. Many people want to hide their identity while posting on cyberspace
because they do not want to connect with the things which they posted on the
cyberspace. They worried about political or economic revenge so because of this
sometimes they want to hide their identity while posting on cyberspace.
So to
communicate to these people they choose to communicate anonymously or pseudonymously.
This type of communication is used for our political
and social discourse.
There
are some special and political groups who use the tool which provide and
maintain the anonymity. While sending the mail to take advice about their
disease and other thing, many people asked to remain anonymous because they
don’t want to highlight their name. It is important for this kind of user who
seeks to access sensitive information to remain anonymous, and it should be his
or her right to do so.
Internet
privacy protesters have developed a program known as anonymous re-mailer
program by the help of which person can speech freely in the cyber world. By
the help of anonymous re-mailer person can sends the e-mail and files to other
person over internet. And this re-mailer also strips off the header part of the
mail which tell where they come from. Re-mailer also uses the asymmetric
cryptography which provides the better anonymity to those who want to speak in
full privacy and also to whistle blowers who want to remain anonymous because
of the fear of harassment. The anonymous re-mailer also doesn’t maintain the
database of the addressee.
Now
a day tracking the activity of user is main issue for government and private
companies, business and political motivations are pushing on the development of
monitoring and surveillance systems. If politicians oppose the anonymity in
cyberspace due to disclosure of their activity so by this the monitoring is
implemented by the government and its consequences for protester that have been
tracked and persecuted thanks to the censorship.
Anonymity and
Freedom of Expression:
Freedom
of speech and expression are frequently conceived as right and interest of the
person. Those who were in oppose of anonymous re-mailers or internet anonymity
may fail to recognize the cost of such action to the online community in terms
of fundamental rights. If the anonymity in cyberspace is restricted then it
would negative impact on right to freedom of speech and expression over
internet. Though freedom of
speech and expression is not an absolute right under the Constitution of India
and it may be restricted under clause 2. Anonymity is legal under Copyright Act
it protects the anonymous writing. So people have right to speak anonymous over
the internet or cyberspace in India, if it do not affect the
sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality, or in
relation to contempt of court, defamation or incitement to an offence.
Article 19 of Constitution of India says that –
“Protection
of certain rights regarding freedom of speech, etc-
(1) All citizens shall have the right—
(a)
To freedom of speech and expression;
(b)
To assemble peaceably and without arms;
(c)
To form associations or unions;
(d)
To move freely throughout the territory of India;
(e)
To reside and settle in any part of the territory of India”
And clause 2 of Article 19 of Indian Constitution
says that –
“Nothing
in sub-clause (a) of clause (1) shall affect the operation of any
existing law, or prevent the State from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred by the said
sub-clause in the interests of 4[the sovereignty and integrity of India,] the
security of the State, friendly relations with foreign States, public order,
decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.”
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