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State legislator wants to require use of real names online

Posted by Don Day on December 14, 2008

Idaho legislator Steve Hartgen doesn’t like some of what he sees on the Internet. Anonymous bloggers and commentors who can say whatever they want, while hiding behind a mask of secrecy. So he’s working an a law that would require people to use their real name when posting online

Here’s the bias up front: I’ve written about this before and you know that I’m cautious about comments on news stories. What I’m not cautious about is comments in general. I write for two different blogs and don’t mind a made up name — in fact, I started my radio blog anonymously before revealing my name about a year into the project.

As I wrote on that radio blog this morning – Hartgen has two problems: one practical and one philosophical. First, how on Earth do you police such a nutty idea? Do we have teams of Internet SWAT teams roaming around looking for violators? Do you subpoena every blog and website with an anonymous comment on it?

Second, philosophical. I think you’d quickly see this law challenged – and it would likely go round and round on first amendment grounds. Hartgen used to edit the editorial pages of the Twin Falls Times-News… and probably enjoyed the control of that process. The Internet is uncontrolled – and as with so many other things, this is a genie you can’t stuff back in the bottle.

I’ll have to admit, there’s a part of me that hopes Hartgen tries to introduce his legislation – just to hear the debate. I doubt this will ever go anywhere – but the idea is already stirring up debate… much of it online… and much of it anonymous.