Court of Appeals of Washington, Division 2.
The author has declared that no competing interests exist that have influenced the text. Chilling effectsOnline surveillanceGovernment surveillanceCorporate surveillance Citation: Internet surveillance, regulation, and chilling effects online: Internet Policy Review, 6 2.
Three references have been added and one minor adjustment has been made to one sentence in the text, post-publication on 13 June Introduction With internet regulation and censorship on the rise, states increasingly engaging in online surveillance, and state cyber-policing capabilities rapidly evolving globally Nye, ; Zittrain, ; Deibert, ; Deibert et al.
But just as notions of chilling effects are not new, neither is skepticism about its legal, theoretical, and empirical basis Kaminski and Witov, And while several recent studies have helped provide new insights on chilling effects e.
One such gap in research is the comparative dimensions of chilling effects online, both in terms of different forms of chilling effects and their impact across different populations Townend, Chilling effects concerns have also been investigated and pursued in other disciplines like sociology and psychology Kaminski and Witov, Schauer and Solove ; provide the primary theoretical foundation for this case study, which is also informed by leading works on intersecting subject matter such as surveillance Lyon, ; ; ; ; ; Zureik et al.
This theoretical framework is also informed by, and aims to build on, recent research on chilling effects online Stoycheff, ; Penney, ; Marthews and Tucker, ; Townend, ; PEN America, ; ; Pew Research, a; b; c.
Schauer is generally considered the leading account of chilling effects theory Zacharias, More specifically, the survey describes certain hypothetical scenarios and then asks questions to understand and measure how the respondent and his or her legal online activities would be impacted by the regulatory act or issue in question.
It offers both comparative and more general empirical and theoretical insights, such as, what sort of state or non-state action would have a comparatively greater chilling effect on user activities and behaviour. The four scenarios, around which the survey is designed, are elaborated in the next section.
Case study design and method 2. Chilling effects have also been previously studied using survey methods Barendt et al. Each scenario is described separately to respondents followed by subsequent questions designed to elicit likely behavioral responses to each scenario described rather than basic self-reports or stated attitudes about privacy, surveillance, or regulatory chilling effects.
Though they do have limitations. Furthermore, the leading survey-based studies on surveillance-related impact and harms in recent years have all employed hypothetical questions and scenarios: In short, this is a common research technique used in leading privacy surveys with the defined scenarios employed based on extensive literature review.
Other measures taken to address validity and reliability are set out in Appendix 1. This survey is structured around four primary hypothetical scenarios. The first 1 primary scenario employed in the survey, much like the laws Schauer largely examined, involves a vague or uncertain statute or regulation enacted to regulate or prohibit an online activity, with a significant penalty or punishment for transgressions or violations of the statute or regulation is traversed or broken.
This scenario explores this proposition.No previous study has offered a systematic comparative analysis of different forms of regulatory chilling effects online.
This article discusses a first-of-its-kind case study that does so.
The Society of Professional Journalists is the nation's most broad-based journalism organization, dedicated to encouraging the free practice of journalism and . Abstract High school students have experienced for decades the complications presented by First Amendment freedom of speech on school grounds.
But the tone and model of Bethel — control of school-sponsored student expression reflective of values the school wants to teach — suggested, two years before Hazelwood that if a press rights case came to the High Court, the same rationale applied in Bethel would also apply to an official student publication.
In , Hazelwood School District v. The law reversed an unfortunate Supreme Court decision (Hazelwood v. Kuhlmeier) that gave school officials wide discretion to censor “school sponsored” student newspapers. The Hazelwood decision had a chilling effect on student journalism across the country.
In Hazelwood, the Court began its analysis by examining whether the student newspaper at issue was a limited public forum. Hazelwood, U.S. at , barnweddingvt.com This is the proper threshold question because speech in a limited public forum is less susceptible to regulation by the state.
3 As the Court concluded in Hazelwood.