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The Israeli Supreme Court settled a longstanding District Court split in March, holding that online anonymity is a constitutional right derived from the right to privacy and free speech.
The court prohibited an Internet service provider from disclosing a user’s identity based on his or her IP address. The user was sued as “John Doe” in a libel action based on an IP address obtained from the Web site that published his or her allegedly libelous comments.
The court wrote:
Alongside online platforms which provide user anonymity, the Internet may negate the anonymity of those whose personal data are stored in its massive database. In the past, there was no public access to personal and sensitive data and actions taken within the confines of one’s home remained far from the public eye; now the Internet provides direct and indirect access into the very heart and mind of users. The shattering ‘illusion of privacy’ online, a reality where the sense of user privacy is a myth, raises the disturbing specter of “big brother.” This invasion of privacy must be minimized. The shelter of online anonymity must be preserved within reasonable bounds as a basis for online culture. To a great extent, anonymity makes the Internet what it is today; without it there would be no liberty in the virtual world. As the prospect of digital surveillance increases, users’ behavior will radically change.
