31 Berkeley Tech. L.J. 117 (2016)
Chilling Effects: Online Surveillance and Wikipedia Use

handle is hein.journals/berktech31 and id is 127 raw text is: 









                        CHILLING EFFECTS:
    ONLINE SURVEILLANCE AND WIKIPEDIA USE
                             Jonathon   W. Penneyt



                                 ABSTRACT


    This Article discusses the results of the first empirical study providing evidence of
regulatory chilling effects of Wikipedia users associated with online government
surveillance. The study explores how traffic to Wikipedia articles on topics that raise
privacy concerns for Wikipedia users decreased after the widespread publicity about
NSA/PRISM surveillance   revelations in June 2013. Using an interdisciplinary research
design, the study tests the hypothesis, based on chilling effects theory, that traffic to
privacy-sensitive Wikipedia articles reduced after the mass surveillance revelations. The
Article finds not only a statistically significant immediate decline in traffic for these
Wikipedia articles after June 2013, but also a change in the overall secular trend in the
view count traffic, suggesting not only immediate but also long-term chilling effects
resulting from the NSA/PRISM   online surveillance revelations. These, and other results
from the case study, not only offer evidence for chilling effects associated with online
surveillance, but also offer important insights about how we should understand such
chilling effects and their scope, including how they interact with other dramatic or
significant events (like war and conflict) and their broader implications for privacy, U.S.
constitutional litigation, and the health of democratic society. This study is among the
first to evidence-using either Wikipedia data or web traffic data more generally-how
government  surveillance and similar actions may impact online activities, including access
to information and knowledge online.

        DOI:  http://dx.doi.org/10.15779/Z38SS13
        C  2016 Jonathon W. Penney.
      t The  author would like to thank Victoria Nash, Urs Gasser, Joss Wright, Ron
Deibert, J. Nate Mathias, Paul Kelly, Ryan Budish, Jamie Baxter, Kendra Albert, Andy
Sellars, Molly Sauter, Masashi Crete-Nishihata, Yana  Welinder, Michelle  Paulson,
Geoff  Brigham, David  Abrams, Bernie Black, Mordechai  Kremnizer, Adam   Chilton,
Adi Leibovitch, Kate Litvak, James W. Coleman, Aurelie Ouss, Ben Perryman, Dahlia
Othman,   Elissa Berwick, Ari Waldman,   Meredith  Whittaker, Vern  Paxon, Daniel
Villar-Onrubia, Wenming   Xu, Yehonatan  Givati, Jeff Knockel, Jed Crandall, Phillipa
Gill, and Derek Bambauer  for comments, advice, and/or suggestions. The author would
also like to thank participants for his talks at the 2015 Internet Law Work in Progress
Conference, Santa Clara Law School, Santa Clara University, March 2015; the Berkman
Center for Internet & Society, Harvard University, May 2015; the 2015 Free and Open
Communications   on  the Internet (FOCI) workshop,  USENIX Security   Symposium,
Washington,  D.C., August 2015; and the Inaugural Society for Empirical-Legal Studies
(SELS)   Global Workshop   for Junior Empirical Legal Scholars, Hebrew  University,
Jerusalem, Israel, December 2015. The author, in particular, would like to thank Josh
Furman  and the BTLJ editorial team for their invaluable assistance and suggestions.

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