[cyanbane]

hmm, not talking about the content provider. I am saying if I am an author who was publishing something under anonymity and I assumed I was anonymous because I "cleared my cookies/Enabled Do Not Track settings" during the publication of the material - only to discover that my cookies had been circumvented via permacookie by a commercial entity - is my "moral right" of anonymity is now gone? could I claim the permacookie method was a circumvention under the DMCA?

[dangrossman]

There is no "moral right of anonymity" in copyright law. Even supposing there was, de-anonymizing you would not violate anything in the DMCA. The anti-circumvention section prohibits circumventing technical access control measures, not circumventing "rights" in general. Circumventing the rights that copyright law does provide an author is just called copyright infringement.