From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
Date: Mon, 3 Feb 1997 19:46:46 -0800 (PST)
To: cypherpunks <cypherpunks@toad.com>
Subject: Re: My Departure, Moderation, and "Ownership of the List"
In-Reply-To: <199702031455.GAA25476@toad.com>
Message-ID: <Pine.SUN.3.95.970203165532.16991B-100000@viper.law.miami.edu>
MIME-Version: 1.0
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I agree with two of Tim's points.  I express no opinion about the others,
except that I think these are the two most important. 

(1) I agree with Tim that as a matter of principle, it would be preferable
to create a new moderated list, with a similar but distinguishable name,
and leave the existing list as it was.  I happen to think less turns on
this than does Tim, given the opportunity to exercise truth-in-labeling,
but it seems to me that because the cost of this approach is zero, and it
has real benefits in the eyes of some, it's a no-brainer.  I expect that I
would subscribe to the filtered version.  If someone is really worried
that the new list will be too low traffic (please, G*d), they can send an
automatic ballot to all subscribers, USENET style,asking what list(s) they
want to be on.  My own view is that if you are not ready, willing or able
to read and follow a periodic posting explaining how to sign on/off
various lists (and I assume there should and would be one), I am willing
to take the risk of missing your input.

(2) Much to my surprise, so far moderation is a failure.  I think it is a
failure because it achieves neither of the moderation "sweet spots".  No
moderation is one "sweet spot".  Strict moderation -- the kind you get on
RISKS, where you know nearly every post is on-topic or at least worth your
time -- is another. This is neither. My clumsy procmail filters are almost
as busy as ever.  What slips through is largely duplicative of what I get
from other lists, or is not to my taste. (NB *my taste*.)  And it gets
here slower.  It's true that the venom from anonymous remailers is gone,
and that is a plus, but even so little of what slips through is of
interest modulo other lists.  I happen to think that *stricter* moderation
might lure back some of the better content-providers, but it would help to
set it up in a manner that offends the smallest possible number.

As Oscar Wilde either said, or should have said, the worst crime is to be
boring.   

PS. New members of the list may justly ask, where does he get off calling
the posters he doesn't killfile bores?  I stopped posting a lot to the
list some time ago, back when I decided my energies were better spent
writing long stuff (see my web page) and playing with my kids.  I kept
reading the list primarily to read the work of about six people -- and Tim
was one of them. 

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law |
U. Miami School of Law     | froomkin@law.miami.edu
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.