[atlarge-discuss] FYI: Anonymity, identity and authority

[espresso@e-scape.net]

Dear all,

This may help to place my opinions in their social context,
which may not be obvious to people living elsewhere who
expect police to routinely demand papers or explanations
from citizens going about their own business:

In response to a demand from the Toronto chief of police
for stricter conditions and harsher penalties for
public protests, on April 28th Canada's

> Federal Justice Minister, Martin Cauchon, turned him
> down, saying that there is no need to make it a
> "criminal offence to be anonymous in public. There is
> no obligation in Canada to identify one's self, to
> carry identity papers, or refrain from anonymity while
> in a public place."

Obviously, proof of citizenship, age and identity is
needed to establish voting rights. However, freedom of
assembly, freedom of expression, etc. are not subject
to the same restrictions -- you don't need to *prove*
you have those rights under our Charter of Rights (in
practice, they are not restricted to citizens); the
burden of proof that you've committed an offense is on
the accuser, not the accused; and a desire to prevent
possible future crimes does not justify the curtailment
of an individual's rights unless there is some
substantiated evidence that he or she intends to commit
those crimes.

Perhaps this will help to explain why I respectfully
disagree with my fellow-Canadian, Sotiris, who seems
to believe only those willing to pay $100 to have their
identity notarized should be eligible to join a group
protesting the lack of democracy and openness within
ICANN.

It seems to me that condition would be onerous
for many but it also strikes me as very unCanadian.

For example, I could join any of Canada's federal or
provincial political parties on simply supplying my
name, address and telephone number and forking over
CDN $10 (or less!) in cash. To the best of my knowledge,
none of those parties (with the possible exception of
the white-supremacist and Stalinist fringes) makes any
investigation into one's background or demands to see
one's passport; as a member, I could cast a vote for
a leader or convention delegate simply on showing my
membership card.

I've been called as a witness in court on a few occasions
and my word that I am who I say I am was deemed sufficient
under the law. On occasion, I've been asked my name by a
policeman (taking statements about noise complaints, etc.)
but no proof of my identity was demanded. Nor am I used
to having such proofs demanded by people I do business with:
the only exception would be the banks, which require it
because they are obliged to report to the tax authorities.

Therefore, I find the idea repellent that a group like this
might take the position that we are all guilty until we can
prove our innocence -- especially at our own expense, and
to the satisfaction of a company which operates for its own
benefit rather than any legitimate authority over us.

Yes, it does make sense to confirm in some way that the people
in the group are real people and that they are not trying
to cast multiple votes under different identities but NO,
I do not wish to be part of a so-called activist group
which believes in the presumption of guilt and the absence
of the rule of law in its dealings with its own members.
Somehow, that just doesn't seem like the right spirit in
which to approach individual Internet users and encourage
them to be good Netizens within a democratized Internet
governance.

HTH,

Judyth




##########################################################
Judyth Mermelstein     "cogito ergo lego ergo cogito..."
Montreal, QC           <espresso@e-scape.net>
##########################################################
"A word to the wise is sufficient. For others, use more."
"Un mot suffit aux sages; pour les autres, il en faut plus."
##########################################################



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