Is it illegal to give a false name simply for privacy reasons? I know
it is illegal to give a false name to a police officer. How about a
store clerk who wants to add you to their mailing list or when you are
signing up for something like a pass to play a game? I'm specifically
interested in Pennsylvania law, but would be interested in this type
of law throughout the United States. I've looked at the Pennsylvania
law and all I can find regarding this is changing your name by "common
use" - by just using your new name all the time. This makes me think
it's not illegal to use a fake name if you aren't attempting to
defraud someone. Thanks in advance! |
Request for Question Clarification by
bitmaven-ga
on
22 May 2003 13:44 PDT
baerana-ga:
Here's what I've found so far: The court does protect privacy and
pseudonyms or anonymity in court cases. Privacy is a protected
interest under the Constitution (1st, 4th, 10th and 14th Amendments)
and has been given protection through the courts, as has pseudonymity,
without comment (c.f., Roe v. Wade). There is nothing that I've been
able to find on just consumer or personal acts of pseudonymity, but I
can extrapolate a bit.
The court has explicitly given permission to pseudonyms in a few
instances (i.e., when a rape victim wants to use a pseudonym to
protect their identity against the world, or when a reporter uses a
psuedonym to get a story), but nothing specifically to do with your
example.
Let me know if these case cites, and some analysis would suffice
for your question. This otherwise looks like uncharted territory --
Probably because there's no real injury-in-fact to using a false name
for a non-fradulent purpose. The courts are entirely too busy to
handle every case of 'lying' that could come before them.
bitmaven-ga
|
Clarification of Question by
baerana-ga
on
23 May 2003 02:14 PDT
Well, the specific reason I ask is, about a year ago, I was purchasing
something in a store. The clerk asked for my last name and I said no.
He said, "I have to have something to put in the system" so I gave an
obviously fake name. He then said "it's illegal to give a fake name
in the state of Pennsylvania" at which point I walked out. I
complained to the chain of stores that owns this store. They
apologized, told me it wouldn't happen again, and it hasn't. At the
time, I was 100% certain it was not illegal to use a fake name in such
a situation, because, in Pennsylvania and many other states, it's
legal to change your name by just using a new name. There didn't seem
like much difference to me. Still, I wonder.
I don't want to do something illegal even if it's unlikely I'll be
punished for it. On the other hand, I don't want to use my real name
and get on MORE mailing lists. I don't want to use my real name when
I'm playing a game online and have some jerk I beat call me and harass
me, or something silly like that.
So, the reasons for the fake name aren't so serious as pseudonymity in
a court case. It's really just a matter of wanting to conduct my
normal activities and not by annoyed by telemarketers, mailing lists,
or kids who are bad losers :)
|
Request for Question Clarification by
tutuzdad-ga
on
23 May 2003 09:08 PDT
I contacted on of the most reputable places in Philadelphia with your
question and they were reluctant to answer due to their strict
professional ethics policy regarding "legal advice". They did however
extend an invitation to their law library where I was told that
someone would assist you personally in researching the matter in their
extensive collection.
If Philadelphia is a convenient location for you and if this is
suitable as an answer I'd be happy to pass the information on to you
as an answer.
Regards;
tutuzdad-ga
|
Clarification of Question by
baerana-ga
on
23 May 2003 10:10 PDT
I'd rather not go to Philadelphia, but if no one answers, I'll let you
know and we can use that as the answer and I'll just have to hit
Philly one day. Thanks!
|
Request for Question Clarification by
tutuzdad-ga
on
23 May 2003 10:19 PDT
I also have a number of emails still out other members of the same
institution. Perhaps another counselor will be a bit more adventurous
and provide an answer soon. If one does I'll post it here for you.
Regards;
tutuzdad-ga
|
