Rights to anonymity in cyber crime

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INTRODUCTION It is undeniable that in cyber world, everyone is able to create a number of personalities that no one could distinguish whether an identity is reliable or not; or, even leave a hole to cyber crimes to carry on internet frauds using different fake identities. Consequently, this circumstance might lead to much confusion and burden in terms of transparency and accountability in social networking. Recently, although some countries and online social networking services such as Facebook and Twitter have tried to have a new regulation of identity verification to avoid potential trouble[1], they still have to face with a bunch of objection from Internet citizens.

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What is the reason for their opposition? The answer is despite the proposal of Network real-name system to minimize the negative effects that can be caused by anonymity[2], a lot of Internet users believe that it is their right to register an identity with fake information will protect their private information better. This point of view becomes a reason of a long-lasting conflict between the identity verification and the right to anonymity. Within the scope of this research paper, our group would like to discuss about these two online identity verification systems by analyzing the advantage and disadvantage of them regard to different legal aspects. Eventually, we will come to a conclusion which one is better to ensure either the security of the cyber world and reasonable right of users or how to balance these two policies to strengthen the cyber law system. Key Words: Social Networking, Transparency, Accountability, Identity Verification, Right of Anonymity, cyber world, cyber crime.

  1. General concept of transparency and accountability in social networking, the identity verification and right to anonymity.
    1. Necessity of Transparency and Accountability in social networking

Social networking refers to “the practice of expanding the number of one’s business and/or social contacts by making connections through individuals”[3]; more precisely, it is “the activity of sharing information and communicating with groups of people using the internet, especially through websites that are specially designed for this purpose”[4]. In a social network, no one could know each other well and it is quite easy to commit a cyber crime or infringement due to share an illegal material without the permission of the author or conduct a fake transaction. In these cases, who will be accountable for the wrong-doing actions and how to recognize him among the cyber identities. To deal with those questions, the definition of accountability and transparency comes first. Accountability is being responsible for someone for actions taken; about being able to explain, clarify and justify actions[5]. For example, the court has a right to know and hold A to account; and that A has a duty to explain and account for his actions.

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