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losophy and Other Arts and Sciences, edited by Nelson Goodman and Catherine Z. Elgin (London: Routledge, 1988), 3148. The same insight applies to things as well as spaces. See Langdon
Winner, Do Artifacts Have Politics?, in The Whale and the Reactor: A Search for Limits in an
Age of High Technology (Chicago: University of Chicago Press, 1986), 1939. To say a space or
thing has values, however, does not say it determines any particular result. Influences and
agency are many.
7. Mark Stefik, The Internet Edge, 1415.
8. Cf. Godwin, Cyber Rights: Defending Free Speech in the Digital Age (New York: Times
Books, 1998): (If youre face-to-face with someone, youre exposed to countless things over
which the other person may have had no conscious controlhair color, say, or facial expressions. But when youre reading someones posted ASCII message, everything you see is a product of that persons mind) 42; see also ibid., 44.
9. See Martha Minow, Making All the Difference: Inclusion, Exclusion, and American Law
(Ithaca, N.Y.: Cornell University Press, 1990), 7997.
10. See Laura J. Gurak, Persuasion and Privacy in Cyberspace: The Online Protests over
Lotus, Marketplace, and the Clipper Chip (New Haven: Yale University Press, 1997), 1216.
Gurak notes that pseudonyms, for example, can be used to mask the name of a speaker, so
that often it is the ethos of the texts, not the character of the speaker, that does or does not
convince others. Cf. Lori Kendall, MUDder? I Hardly Know Er!: Adventures of a Feminist
MUDder, in Wired Women: Gender and New Realities in Cyberspace, edited by Lynn Cherny
and Elizabeth Reba Weise (Seattle: Seal Press, 1996), 207233. Godwin describes another possibility, as the ASCII channel on the Net shuts down: Then, perhaps, the world of ASCII communications will become a preserve for the edgy exchanges of tense text maniacs. Like me;
Cyber Rights, 45.
11. This is what economists would call a separating equilibrium: players of different
types adopt different strategies and thereby allow an uninformed player to draw inferences
about an informed players type from that players actions; Douglas G. Baird, Robert H.
Gertner, and Randal C. Picker, Game Theory and the Law (Cambridge, Mass.: Harvard University Press, 1994), 314. William Mitchell argues that the advance back to synchronous
communication is not necessarily an advantage: As much more efficient asynchronous communications systems have become commonplace, though, we have seen that strict synchrony
is not always desirable; controlled asynchrony may have its advantages; City of Bits, 516.
12. On making the Web accessible, see Judy Brewer and Daniel Dardailler, Web Accessibility Initiative (WAI), available at link #37; cf. Note: Facial Discrimination: Extending Handicap Law to Employment Discrimination on the Basis of Physical Appearance, Harvard Law
Review 100 (1987): 2035.
13. Dawn C. Nunziato, The Death of the Public Forum in Cyberspace, Berkeley Technology Law Journal 20 (2005): 1115, 1125.
14. See AOL, About the Company: Profile, available at link #38, and now available at link
#39.
15. Nunziato, The Death of the Public Forum in Cyberspace, 1125.
16. See Kara Swisher, Aol.com: How Steve Case Beat Bill Gates, Nailed the Netheads, and
Made Millions in the War for the Web (New York: Times Business, 1998), 65.
17. As stated in AOLs Terms of Service (TOS): As an AOL member you are required to
follow our TOS no matter where you are on the Internet. Some of the other terms of service
include the following rules: Language: Mild expletives and nonsexual anatomical references
are allowed, but strong vulgar language, crude or explicit sexual references, hate speech, etc.,
are not. If you see it, report it at Keyword: Notify AOL. Nudity: Photos containing revealing
attire or limited nudity in a scientific or artistic context are okay in some places (not all). Partial or full frontal nudity is not okay. If you see it, report it at Keyword: Notify AOL. Sex/Sen-