Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 


advertise-here4


Slip Opinions


University governance as a new topic of public discussion.

An unusual profile of Mary Anne Franks (kw)

Aggressive copyright litigation run amok. (fp)

USA Today's Matt Krantz quoting me on Warren Buffett joining Twitter.  (LAC)

Private prisons? Why, sure! What could possibly go wrong? (kw)

TNR profiles Susan Crawford (kw)

Berkshire Hathaway is bigger than Warren Buffett.  Manual of Ideas (LAC).

Guns don't shoot people, kitchen appliances shoot people (kw)

Via Glom, Sat Eve Post review of The Essays of Warren Buffett.

Jack Coffee on Bad Plaintiffs' Counsel in M&A Deals and What Must Be Done to Break Them


Our Podcast

Subscribe to Law Talk


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Marty Lederman on Copyright’s Constitutional Chameleon

    • Brett Bellmore on Copyright’s Constitutional Chameleon

    • Ryan Calo on Franks on "How to Feel Like a Woman, or Why Punishment Is a Drag"

    • Anon on Wachtell Lipton's Errors on Shareholder-Paid Director Bonuses

    • Sean Croston on Copyright’s Constitutional Chameleon

    • Shag from Brookline on Kentucky: Boy, 5, Kills Sister, 2

    • jdgalt on Wrongful Birth and Adoption

    • Sub Specie AEternitatis on The Pervasive Effect of Priors: Part Four

    • victim on Criminal Prosecution for Scientific Fraud

    • jdgalt on Kentucky: Boy, 5, Kills Sister, 2

    • Brett Bellmore on Kentucky: Boy, 5, Kills Sister, 2

    • Christine Hurt on Kentucky: Boy, 5, Kills Sister, 2

    • Kaimi on Welcome to Wills Lab

    • A.P. on Kentucky: Boy, 5, Kills Sister, 2

    • Malcolm on Wrongful Birth and Adoption
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Pseudonymity and Ethics

posted by Laura Heymann

Last week, the Los Angeles Times suspended the blog of Michael Hiltzik, one of its columnists, when he admitted posting comments both on his blog (which was hosted by the paper) and on other blogs under pseudonyms. Apparently these efforts were a ham-handed attempt at creating an ego chamber by suggesting that there were other participants who agreed with Hiltzik’s views. The L.A. Times has posted a notice at Hiltzik’s blog, stating that Hiltzik’s actions were “a violation of The Times [sic] ethics guidelines, which requires editors and reporters to identify themselves when dealing with the public.”

Put to the side for the moment what Hiltzik actually did, which, if nothing else, was not a bright career move (and serves as yet another reminder to the public of the existence of IP addresses). What if Hiltzik had used a pseudonym to comment on another blog merely to engage in a discussion without revealing that he was a columnist for the L.A. Times? What if the resulting discussion then became interesting enough that Hiltzik or another reporter decided to write about the debate? Is there something improper or unethical about the fact that the hypothetical Hiltzik did not disclose his identity in the course of the discussion? Assume, even, that Hiltzik engaged in pseudonymous commentary precisely to spark a discussion on a given topic — which is, of course, what many blog authors do on a daily basis — to see if it would develop into any interesting column fodder. Would he have acted unethically? Given that the participants responding to such comments are engaging with a pseudonymous individual in an open forum in any event, does it matter whether that individual is the hypothetical Hiltzik or a CPA in Schenectady? Or whether the individual is a reporter for the L.A. Times rather than the author of AcmeBlog?

Presumably the L.A. Times does not enforce its policy to the extent of requiring its reporters to “identify themselves when dealing with the public” when they are, say, participating in an online dating service or ordering a burger at the local fast food joint. I would imagine that the point of the policy is to protect members of the public who would unwittingly say something in a conversation with a nonreporter that they would not say if they knew the comment could potentially be published in the paper. But when the hypothetical (i.e., nonlogrolling) Hiltzik comments pseudonymously on another’s blog and encourages comments that are intended for public consumption from the moment the “post” button is hit, is he “dealing with the public” in the way that the paper’s policy contemplates?

(To be clear: I am in no way defending Hiltzik’s actions. But I am curious about where the line between proper and improper is in a medium in which pseudonymity is not only accepted but often encouraged.)


 April 25, 2006 at 3:25 am   Posted in: Anonymity, Blogging, Current Events   Print This Post Print This Post

Responses (13)

  1. Adam - April 25, 2006 at 7:44 am

    Interesting question! I think the split may come down to when your name exposes an important interest. What the guy did wasn’t just not stating his name or using another one (which is ok when ordering a burger or using an online dating site), but lying about it to conceal his interest in the matter.

  2. Armed Liberal - April 25, 2006 at 11:04 am

    Actually, the issue wasn’t his use of a pseudonym, but his use of multiple pseudonyms to create a false dialog – one that supported the positions he took in his column and criticized his opponents – whereupon he seized on these comments and used them as reinforcements for his own opinions.

    The technical term of this is a “sock puppet”, and the last newsworthy use of them was by John Lott.

    Marc Danziger

  3. RCinProv - April 25, 2006 at 11:10 am

    Hmmmm. Puts me in mind of all those Amazon “book reviews” that are obviously written by the author — or by the author’s cowardly nemisis, who also uses a pseudonym. I’d love to see someone put the brakes on that practice. Two cheers for identified speech.

  4. prof - April 25, 2006 at 12:50 pm

    I’m more sympathetic to Hiltzik, whose work I occasionally read. The context is that he was being viciously attacked from the right both by some non-anonymous bloggers, some anonymous bloggers, and various anonymous commenters on both his own and their blogs. You know the kind of nasty stuff: just spewing, ad hominem, garbage, not courteous disagreement. Now, what Hiltzik did was dumb– naive– probably pointless at best– and clearly it has been totally counterproductive for his reputation, at this point.

    But here is why I feel a lot of sympathy for him: the attacks on him were irresponsible, vicious, and mostly (tho not entirely) anonymous; some were probably libelous; there is no way for any of us (or for him) to know whether in fact those attacks came from two people, three people, or ten million people, since *he* can’t access the IP addresses of commentators on other blogs (and probably he can’t even find out IP addresses of comenters on his own blog, since it was run by his newspaper, not by him). So… what to do? I am not saying that posting his own anonymous defenses of himself was wise or useful– but I think increasingly there is this phenomen of blog “mobbing,” if you will, when one or more influential bloggers will gang up on some commentator. The mobbing blogger may just be local maniacs, and generally they are not themselves constrained in any ethical or legal way, since they operate outside of institutions. Meanwhile, their “victim” is constrained– or at least was in the case of Hiltzik– since he’d get in trouble with his bosses if he openly engaged in tit for tat on the official LA Times blog. So though I think what he did was dumb, on the whole I think he may have been more sinned against than sinning.

    Bottom line, I’m not advocating what he did– but I think that the focus on his “ethical shortcomings” partly misses the point.

  5. William McGeveran - April 25, 2006 at 1:34 pm

    I agree with the previous commenter that the real issue is the sock puppetry, not the psuedonyms themselves. Patterico, the conservative blogger who unmasked Hiltzik’s secret identities, has been saying the same thing.

    Unfortunately, the L.A. Times, along with stories in the New York Times and Washington Post, all define Hiltzik’s infraction as the mere use of pseudonyms, not the deceptive way he used them. As a result, they imply there is something dirty about anonymity itself.

    This is particularly galling because, if any crowd should be eager to defend the importance of anonymous speech in general, it’s the journalists who rely on it every day when including anonymous sources in their news reports. Of course, anonymity can be abused in that setting too (see, e.g., Scooter Libby leaking to Judith Miller of the New York Times). But I am sure these newspapers would agree with me that the remedy to abuses by anonymous sources is not a ban on them!

  6. Kaimi - April 25, 2006 at 2:19 pm

    Agreed with the comments that the real issue is the sock puppetry and conversation with self, in a deceptive way.

    There are many instances in which use of a pseudonym, I think, has to be considered just fine.

    First, there are sensitive matters. If people are discussing (for instance) child abuse or drug addiction or some other potentially sensitive topic, and I wish to weigh in with personal views, I may well choose to do so with a pseudonym, or anonymously. If I’m saying “I have struggled with drug addiction in the academic setting myself” or the like, I may choose to do so as “lawprof” or some other pseudonym.

    Second, I may just want to be frivolous and fun on some topic. I may just want to post about my favorite music or video games or what I thought of the movie I saw last Friday. And if I want to do so as some psuedonym, like “u2fan,” that should never be a problem.

    Third, there are a limited number of instances in which one-shot use of a psuedonym may be humorous. If we’re discussing Oliver Wendell Holmes, and someone posts a humor comment as Oliver Wendell Holmes, that _may_ be fine. (Not all such attempts are actually funny, but some certainly are).

    The real problem is when I post (for example) as “John Smith” or “Tom Jones” or whoever else and have conversations with myself, creating the illusion of added support by saying things like “I agree with Kaimi Wenger’s comments. He is so smart.”

  7. John Smith - April 25, 2006 at 2:20 pm

    I agree with Kaimi Wenger’s comments. He is so smart.

  8. Redhawke - April 25, 2006 at 2:30 pm

    IANAJournalist, and not to be contrary, but I see the issue as worse than mere sock-puppetry (don’t get me wrong, “socking” is a major infraction, one that will get one banned from several of the boards I am aware of). This is, in fact, a breach of the most basic of journalistic canons – Thou shalt not invent sources. Here’s why (you edge toward the same conclusion in your post):

    Hiltzik, on at least one occasion that we know of, posted a particularly harsh criticism of Sen. Arlen Specter in his blog, under his own name (perfectly OK). He then went onto Patterico’s site and posted, as mikekoshi, a criticism of Specter that mirrored the one he posted on his own site (a case of sock-puppetry, but not quite yet a breach of ethics). He then reported on his own comment, as an instance of Specter being attacked, on the merits of his criticism, in conservative blogs, and reported this as news especially because it was happening in a conservative blog, by a conservative (one independent of the reporter). Not only was this inaccurate and misleading, it reports as news an incident entirely of the reporter’s doing. I see no difference between this and writing a story about an eight-year-old junkie who was a composite of real people, but did not actually exist, or rigging a gas tank to explode on impact.

    Sock puppetry is generally bad because it is an attempt to mislead other readers into believing that the “author” has more support than he actually has. In at least one case, however, Hiltzik’s action went beyond merely ghosting himself into a larger contingent of believers, but into representing that “sources” were saying things when there was no real source saying what he said they were saying.

    IMO.

  9. Laura Heymann - April 25, 2006 at 2:53 pm

    Very interesting comments, and I don’t disagree (as I noted in the original post) that what Hiltzik actually did was questionable. But is it equally questionable when a journalist uses pseudonymity not to engage in sock puppetry or to create fictional sources but rather to spark discussion on a blog that then may turn into the subject of a piece? Should a journalist have to disclose his identity in such circumstances?

  10. Redhawke - April 25, 2006 at 3:00 pm

    Well, I read that wrong, but am not yet sure how it affects analysis:

    “Specter” was a poster who fought with Hiltzik in Patterico’s and Hiltzik’s blogs, NOT Sen. Arlen Specter. My humblest apologies for somehow getting the two confused. It was an honest (though particularly stupid) error.

    I think I need to retract a goodly chunk of my critique. It may serve to delete my comment, though I will accept keeping it up, if for no other reason than to illustrate the foolishness of jumping to a conclusion.

  11. DRMPro - April 25, 2006 at 3:52 pm

    With this publicity, he can probably now double his salary.

  12. William McGeveran - April 25, 2006 at 5:47 pm

    In answer to Laura Heymann’s follow-up question, I would argue that the apparent complete ban on psuedonymous commenting by reporters, at the L.A. Times and elsewhere, is wrong.

    One of the virtues of the potential for anonymous speech on the internet is the outlet it provides for people who are otherwise professionally constrained from participating in public debate. Journalists, clergy, schoolteachers, political staffers — all kinds of knowledgeable and civically-engaged people — feel a need to muzzle themselves at times on controversial subjects because they need to act impartially at work (and to be percieved as doing so). Some public statements interfere with their ability to do their job well. When that happens, we all lose the benefit of their voices.

    So, as I said above, some anonymous commenting by reporters might be inappropriate, but a blanket ban is an excessive response to such abuses. Any reporters or priests out there who care to respond anonymously?

  13. Safely anonymous - April 25, 2006 at 8:48 pm

    So, I should comment here. I’ve commented in the past (anonymously) on things which I prefer not to link. I’d agree with some of the above analyses, but that feels wrong, for reasons I shan’t explicitly disclose.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Kelli A. Alces
Taunya Lovell Banks
Ryan Calo
Claire Hill
Jay Kesten
William McGeveran
Meredith Render
Aaron Saiger
David L. Schwartz
Olivier Sylvain
Charles K. Whitehead
Aaron Zelinsky


















Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Derek Bambauer
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Khiara Bridges
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Gabriella Coleman
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
andré douglas pond cummings
Allison Danner
Laura DeNardis
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Susan Freiwald
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Vivian E. Hamilton
Meredith Harbach
Michelle Harner
Angela Harris
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Tayyab Mahmud
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Janai Nelson
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
David Opderback
David Orentlicher
Michael O'Shea
Kristen Osenga
Mary-Rose Papandrea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
William Reynolds
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Brishen Rogers
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schleicher
David Schraub
Paul Secunda
Lea Shaver
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Peter Swire
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Joseph Turow
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Elizabeth A. Wilson
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
Privacy and Security Training
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress