What effects do laws and surveillance have on the exercise of freedoms online?
Today, the Berkman Center welcomed Jon Penney (@jon_penney), who is finishing his D.Phil at the University of Oxford, to talk about his dissertation research on chilling effects. Jon is a lawyer, Oxford researcher, and a research fellow at the the University of Toronto's Citizen Lab.
What is a chilling effect? The idea, theorized in a US context by Schauer in 1978, was that laws might have an effect on legal, protected, and desired activities. Judges have been skeptical about this idea. In Laird v Tatum, judges claimed that chilling effects were not a 'cognizable' injury. In response to recent NSA cases, chilling effects were dismissed as too speculative. Scholars agree. Kendrick argued that chilling effects have a "flimsy" empirical basis. Many open questions remain, including the magnitude of chilling effects and their reach. In his dissertation, Jon set out to answer some of those questions.