From: Bill Stewart <bill.stewart@pobox.com>
Date: Sat, 20 Dec 1997 08:51:57 +0800
To: <gbroiles@netbox.com>
Subject: Re: Identity, Persistence, Anonymity, and Accountability--Part  I of II
In-Reply-To: <199712160446.XAA29704@mx02.together.net>
Message-ID: <3.0.3.32.19971219164247.00709984@popd.ix.netcom.com>
MIME-Version: 1.0
Content-Type: text/plain



[Tim posted his article on identity, etc. to cypherpunks and nym;
the discussion I'm replying to is primarily on cypherpunks.]

>> There's an important distinction between 
>> a requirement that you identify yourself accurately, and 
>> a requirement that you carry a particular form of identification. 

A third category of requirement is displaying the particular form of 
identification if you're carrying it - for instance, if you're driving,
and carrying a driver's license, you're obligated to display it,
but if you're walking or a passenger, you're not generally required to,
but some states (in particular California) require that 
if you're carrying a driver's license you're obligated to show it to 
any cop who asks.  I don't know if the requirements include 
handing it over or just displaying.

>> It is constitutional for the police to ask you what your name is, 
>> under certain circumstances -
>> and you can face criminal charges if you lie.

But lying and refusing to cooperate are different; 
"You can call me John Doe if you'd like" is not a lie, 
and Supreme Court cases like Brown vs. Texas have determined that you 
don't have to tell the police who you are even if they're booking you.
On the other hand, the Supremes let police hold you for up to 48 hours
for no particularly good reason (they have a more formal definition 
than that :-) so exercising your rights may have a cost.

Tim brings up the issue of identity papers for jury duty -
even if you feel like confusing the poor court bureaucrats
by not bringing the PhotoID with SSN, Thumbprint, and DNA sample,
there's probably a requirement to bring the jury duty summons.
(Depending on your motives, your FIJA membership card is a good backup
ID, or your ACLU card if you've got one - don't leave home without it.)



				Thanks! 
					Bill
Bill Stewart, bill.stewart@pobox.com
PGP Fingerprint D454 E202 CBC8 40BF  3C85 B884 0ABE 4639