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Julian Staben examines chilling effects, framed as deterrence-based lines of argument, in the jurisprudence of the Bundesverfassungsgericht (German Federal Constitutional Court) and compares them with the jurisprudence of the US Supreme Court. Chilling effects follow distinct patterns when it comes to online behaviour and emerging digital practices and therefore call for their constitutional reassessment. Julian Staben's work enables a more methodologically reflective use of these arguments in the judicial discourse.
Political Science --- Constitutional & administrative law --- philosophy of law --- theory of law --- Comparative law --- chilling effects --- Bundesverfassungsgericht --- German Federal Constitutional Court --- US Supreme Court --- jurisprudence --- LAW018000 --- LAW075000 --- LAW089000 --- LAW016000 --- LAW051000 --- LAW017000 --- LAW052000 --- LBG --- LAM --- LAB --- LND
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Competent adult internet users voluntarily disclose vast amounts of personal data. As such disclosure can cause great harm, governments may feel that through minor interventions they can protect their citizens from disclosure that is not in the latters' best interest. However, such actions can infringe upon the rights of the users' and of the data collectors', and are only licit when justified. Neither the German nor the US government has the duty or the power to coerce the privacy choices of competent adult users for the sole purpose of protecting them against dangers caused by themselves. Instead, it is suggested that governments should focus on limiting specific harmful disclosure.
Political Science --- personal data --- privacy --- data protection --- data privacy --- online privacy --- Internet law --- Online Information Disclosure --- American Constitutional Law --- German Constitutional Law --- LAW018000 --- LAW089000 --- LAW052000 --- LAW075000 --- LAW016000 --- LAW051000 --- LAW017000 --- LAB --- LND --- LAM --- LBG
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