In a legal case in Arizona, the Department of Justice is making the case that using a false name is “fraud” and that one cannot expect privacy by doing so (understand: warrant-less wiretapping is OK). For example, a defendant had used a broadband device, bought under a fake name, to fraud the IRS with phony (ahem) tax returns. If a crime is involved, the courts will usually side with the law enforcement authorities. However, should this logic extend further?

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Adam Candeub, director of the Intellectual Property, Information and Communications Law Program, says that using a fake name is not illegal, as long as it doesn’t involve forgery or contracts. For instance, buying a disposable cell phone under a fake name *may* not be illegal at all – however, he adds “the law is not clear”, and of course, this leaves room for debate and interpretation.

So, what do you think? Do you consider using a fake name as “fraud” and should the government be then allowed to track and listen without a warrant? Or do you think that in the absence of a crime, it’s fine to use a fake name and that law enforcement authorities should get a warrant before going any further? [via WSJ]

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