NODE 3ffe7fc5Real life pseudonyms (was re: more ideas on anonymity)
thug@phantom.com (Murdering Thug)Sun, 28 Feb 93 06:59:19 PST
Douglas Sinclair writes:
> I don't know the US laws on pseudos. However, here in Canada one is allowed
> to go by whatever name one wishes PROVIDED it is not for fraudulent reasons.
> This also includes signatures -- I can sign as whoever I wish. However,
> if the contract has a clause saying "This is the name by which I am
> legally and correctly known" then you are commiting fraud by signing with a
> psuedo. This is in the fine print of a surprising number of things <sigh>.
I remember reading or hearing something similar as it applies in the United
States. It seems that, as long as you're not committing a crime or a fraud,
in the process, you may identify by whatever name you wish. Can anyone with
a legal background confirm or deny this?
However, I am wondering if it also legal to present false ID in order to
insure your privacy/anonymity. And isn't misrepresenting your true identity
considered to be a fraud in and of itself?
For instance, can I walk into a U.S. bank, present false ID, and obtain a
checking account to use for legitimate reasons? How about a credit card?
Is this legal? I mean, I'm not stealing any money/products/services from
anybody, I'm only using a pseudonym.
NODE 23272937Real life pseudonyms (was re: more ideas on anonymity)
strat@intercon.com (Bob Stratton)Sun, 28 Feb 93 08:41:31 PST
>>>>> On Sun, 28 Feb 93 9:51:36 EST, thug@phantom.com (Murdering Thug) said:
MT> I remember reading or hearing something similar as it
MT> applies in the United States. It seems that, as long as
MT> you're not committing a crime or a fraud, in the process,
MT> you may identify by whatever name you wish. Can anyone
MT> with a legal background confirm or deny this?
Not being a lawyer, but an engineer with unhealthy interest in such
matters, I've looked a few things up and it appears that in most
relationships, using an assumed name is not fraud, unless "intent to
defraud" is present. Needless to say that's not very clear-cut these
days.
MT> However, I am wondering if it also legal to present false
MT> ID in order to insure your privacy/anonymity. And isn't
MT> misrepresenting your true identity considered to be a
MT> fraud in and of itself?
Again, using aliases does not appear to be "malum in se", that is,
evil in and of itself.
BUT, one thing I found in the course of doing a Westlaw search on the
use of Social Security Numbers:The federal laws on SSN use were
amended for the purpose of preventing welfare fraud, and wound up with
a potentially threatening modification. The law used to say that it
was illegal to give an invalid SSN in certain circumstances, for the
purpose of obtaining gov't benefits inappropriately.
The bad news is that it says that, but with "or for any other purpose"
appended. Thus, it appears that tossing around bogus SSNs (which are
still on many driver's licenses - sigh) could well be an offense in
and of itself. I'll try to dig up the citations.
--Strat