From: strat@intercon.com (Bob Stratton)
Date: Sun, 28 Feb 93 08:41:31 PST
To: cypherpunks@toad.com
Subject: Real life pseudonyms (was re: more ideas on anonymity)
In-Reply-To: <m0nSpMf-000jqtC@phantom.com>
Message-ID: <9302281640.AA13450@intercon.com>
MIME-Version: 1.0
Content-Type: text/plain


>>>>> On Sun, 28 Feb 93 9:51:36 EST, thug@phantom.com (Murdering Thug) said:


	MT> I remember reading or hearing something similar as it
	MT> applies in the United States.  It seems that, as long as
	MT> you're not committing a crime or a fraud, in the process,
	MT> you may identify by whatever name you wish. Can anyone
	MT> with a legal background confirm or deny this?


Not being a lawyer, but an engineer with unhealthy interest in such
matters, I've looked a few things up and it appears that in most
relationships, using an assumed name is not fraud, unless "intent to
defraud" is present. Needless to say that's not very clear-cut these
days.

	MT> However, I am wondering if it also legal to present false
	MT> ID in order to insure your privacy/anonymity.  And isn't
	MT> misrepresenting your true identity considered to be a
	MT> fraud in and of itself?

Again, using aliases does not appear to be "malum in se", that is,
evil in and of itself. 

BUT, one thing I found in the course of doing a Westlaw search on the
use of Social Security Numbers:The federal laws on SSN use were
amended for the purpose of preventing welfare fraud, and wound up with
a potentially threatening modification. The law used to say that it
was illegal to give an invalid SSN in certain circumstances, for the
purpose of obtaining gov't benefits inappropriately.

The bad news is that it says that, but with "or for any other purpose"
appended. Thus, it appears that tossing around bogus SSNs (which are
still on many driver's licenses - sigh) could well be an offense in
and of itself. I'll try to dig up the citations.

--Strat