The idea of a public "record" that you're "on" or "off" and "newspapers of record" is obsolete. Instead, you're either in or out of context.
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It adopts ideas from courtrooms when convenient. A "record" is convenient. Rigorous argumentation rules that create context-freedom are not
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I think this is one reason I instinctively write in highly context-sensitive ways: subtweeting, dogwhistling (for good) and steganography
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