Public/private

"Public" Online Space:

There was an interesting article on Yahoo/Flickr today, which touches on a topic that interests me. To what degree is the Internet "public" space? On the one hand, there's nothing to stop anyone at all from coming to visit; on the other, no part of it that citizens can use to express themselves is "public" in the traditional sense of the term. It is privately owned.

There are legal consequences to that, but those don't interest me particularly -- what interests me are the normative questions. In other words, I am interested not in what the law currently says, but rather in the question of what the law ought to say.

We increasingly live on the internet: don't we want some of these public-space protections for our speech? What is the tradeoff for getting them? We can make the law say what we want, assuming Congress can be convinced to go along: so what should it say?