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Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law

2017

Schulich School of Law, Dalhousie University

Chilling Effects

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Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney Jan 2017

Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney

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With internet regulation and censorship on the rise, states increasingly engaging in online surveillance, and state cyber-policing capabilities rapidly evolving globally, concerns about regulatory “chilling effects” online — the idea that laws, regulations, or state surveillance can deter people from exercising their freedoms or engaging in legal activities on the internet have taken on greater urgency and public importance. But just as notions of “chilling effects” are not new, neither is skepticism about their legal, theoretical, and empirical basis; in fact, the concept remains largely un-interrogated with significant gaps in understanding, particularly with respect to chilling effects online. This work …