University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2011 Unwilling Avatars: Idealism and Discrimination in Cyberspace Mary Anne Franks University of Miami School of Law,
[email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Internet Law Commons, and the Law and Society Commons Recommended Citation Mary Anne Franks, Unwilling Avatars: Idealism and Discrimination in Cyberspace, 20 Colum. J. Gender & L. 224 (2011). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. COLUMBIA JOURNAL OF GENDER AND LAW UNWILLING AVATARS: IDEALISM AND DISCRIMINATION IN CYBERSPACE MARY ANNE FRANKS* I made image upon image for my use... I made god upon god... I made the gods less than men for I was a man and they my work. t - H.D., Pygmalion INTRODUCTION: GODS AND MONSTERS Few would deny that cyberspace has a dark side. The of such negative incidents and perhaps even more widely as to the appropriate response to these incidents. I On one side are voices calling for increased regulation of the Internet: user codes of conduct, 2 the reform of Section 230 of the 1996 Associate Professor of Law, University of Miami Law School. I am grateful to Daniel Abebe, Adam Badawi, Douglas Baird, Mary Anne Case, Anupam Chander, Jens Damman, Mark Egerman, Aziz Huq, Brian Leitcr, Saul Levmorc, Catharine MacKinnon, Adam Muchmorc, Martha Nussbaum, Eric Posner, Laura Rosenbury, Ardcn Rowell, Adam Samaha, Geof Stone, Lior Strahilevitz, Madhavi Sunder, and participants in the Regulation of Family, Scx, and Gender Workshop at the University of Chicago Law School for helpful discussion and feedback.