Leaving aside the issue of whether the comments about Arata and Branham were grounded in hostility toward their gender (rather than hostility toward … - Mike Godwin

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Leaving aside the issue of whether the comments about Arata and Branham were grounded in hostility toward their gender (rather than hostility toward them as individuals), it seemed clear that what the OCR wants to ban here is not "written conduct" but speech. By classifying it as "conduct," the OCR hoped to bypass the First Amendment's protections.

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About Mike Godwin

Michael Wayne Godwin (born October 26, 1956) is an American attorney and author. He was the first staff counsel of the Electronic Frontier Foundation, and was general counsel for the Wikimedia Foundation between July 2007 and October 2010.

Also Known As

Native Name: Michael Wayne Godwin
Alternative Names: Michael W. Godwin Mike W. Godwin Michael Godwin
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Additional quotes by Mike Godwin

Perhaps the most likely scenario is this: At some near-future date, perhaps as early as 2010, individuals may no longer be able to do the kinds of things they routinely do with their digital tools in 2003. [...] You can't overestimate the extent to which the two factions are bot pro-copyright [...]. One thing the Tech Faction and the Content Faction have in common is that both supported the passage of the Digital Millennium Copyright Act in 1998.

But don't confuse it with the first vision of "electronic democracy" [...] one day, we were told [in 1992], we'd listen to pundits and politicians debate the issues, and then we'd vote, maybe by pointing our remotes at our TV or computer monitors. Radical pluralism is something different. It's what happens when you put the power of a mass medium—computer communications—into the hands of individual citiens who could never have afforded creative access to other mass media like TV or newspapers. Everyone is now a "content producer".

The decisions we make about the Internet don't affect just the Internet – they are answers to basic questions about the relationship each citizen has to the government and about the extent to which we trust one another with the full range of fundamental rights granted by the Constitution.

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