Cypherpunks does not seem to me to be anything like the well- regulated lists you ascribe to Prof Volokh.
Declan should rest his point here. the cpunk listis notorious for being way astray. yet cpunks continuously argue against anyone with a moderator type role. could there be some correlation between lack of moderation/leadership on the list and the piles of noise that people incessantly complain about? of course I'm insane for suggesting this. I've repeatedly advocated the usefulness of a good moderator. cpunks believe that such a role is anti-anarchic (which it is), and therefore bogus. the root of this is deeper, it relates to the psychology of EH, TCM, JG who all have very love-hate relationships with leadership. this list suffers neglect by its creators unlike any other mailing list I know of in cyberspace, and they are proud of that neglect, instead they call it "anarchy" and claim it is a major blessing. I think many people need to learn a lesson that cyberspace doesn't change certain basic realities, such as how important a dynamic leader is in forward motion in any area. but they will have plenty of opportunities to learn over the next few years and decades. and I'll be snickering in the sidelines as long as they wonder aloud why their realities are as they are and they find the deficiencies therein inscrutable.