Faux internet identities as fraud?

Thomas Mrozak, a spokesman for the United States attorney here, declined Wednesday to confirm that the office had issued subpoenas. The Los Angeles Times, citing unnamed sources, reported that the investigation would determine if the creation of a fake identity to harass the 13-year-old, Megan Meier, could be considered Internet fraud under federal statutes.

(Emphasis mine.) Creating a fake identity online = internet fraud? Oh dear. While I’m opposed to harassment in all of its forms, and while I think this case is a tragedy, I’m uncomfortable with saying that the simple act of creating a fake Internet identity is fraud.

Perhaps the New York Times reporter wasn’t thorough enough in explaining what would constitute fraud. Most Terms of Service agreements for social networking sites and web-based email accounts require you to provide true and accurate personal information; I can see how a failure to meet those requirements could be considered a breach of contract and/or fraud.

But really, how is creating a fake online persona any different than publishing a book or newspaper column under a pseudonym? People conceal their identitites for a number of reasons, not least of which is a fear of harassment or other form of retribution.

And before you make the point, I’ll counter it:* cyberspace is, technologically speaking, at least as traceable and trackable as meatspace. Between cookies, internet protocol addresses, domain registrations, your internet service provider, and can-do-it-if-you-need-to-take-it-there-level computer forensic techniques, what you do online isn’t as ‘anonymous’ as most people think.

That said, if you want to obtain that information, I think you should be required to have a damn compelling argument such as libel, slander, or a threat. What I don’t want to see are whistleblower cases, political speech cases, anti-corporation cases, “I’m gay and in the closet,” or “I’m black and passing,” cases, or some simple “I got nosy-a** neighbors” cases — cases where there are real questions of physical safety or economic consequence — treated the same way as 409 scam artists.

Again: the issue is the behavior, not the medium.

*Yes, this is the argument I started with Stephanie Ramage of The Sunday Paper, but didn’t finish because (a) she won’t be convinced by me; and (b) I can’t find my effin’ log in information.