Re:White House weighs encryption crackdown
by the_watcher on Friday June 28, 2019 @12:45PM
(#20306221)
The Chilling Effect was thoroughly covered in my Constitutional Law class during my year in law school. I understand that this is what any argument for First Amendment protection of E2E would ultimately rely on, but you generally have to actually need to measure or "plainly observe" said effect. Since most people couldn't tell you the difference between end to end encryption and encryption in transit (I can only sort of do it myself), it's really difficult to argue that restricting E2E encryption would actually have a chilling effect.
https://en.wikipedia.org/wiki/Chilling_effect
The term chilling effect has been in use in the United States since as early as 1950.[8] The United States Supreme Court first refers to the "chilling effect" in the context of the United States Constitution in Wieman v. Updegraff in 1952.[9]