Authors: Arnold Roosendaal
Addresses: Tilburg Institute for Law, Technology and Society (TILT), Tilburg University, The Netherlands
Abstract: The legal challenge of digital anonymity was the subject of the Dutch case Lycos v. Pessers. Pessers was a victim of defamation and decided to file a lawsuit against an anonymous opponent. The Supreme Court of the Netherlands had to decide whether anonymity should be eliminated or whether a possible right to anonymity should prevail. This paper describes the Dutch standpoint. It compares not only the European system, but also those of the USA and Canada and concludes with some proposals for legislation for better protection of anonymity as well as enabling victims to file a lawsuit.
Keywords: digital anonymity; unlawful acts; internet; liability; Dutch Supreme Court; Supreme Court decisions; The Netherlands; anonymous defamation.
International Journal of Technology Transfer and Commercialisation, 2007 Vol.6 No.2/3/4, pp.184 - 195
Published online: 16 Apr 2008 *Full-text access for editors Access for subscribers Purchase this article Comment on this article