If the EFF comes out an announces they won't conduct any of their business because they have no privacy, we would rightly see an issue with it (and they do need privacy for some of what they do).
Chilling effects are an argument against having surveillance. They aren't something we should encourage purely because they allow to point and go: "NSA, look what you broke".
That's what I meant about terrorism. If the you refuse to go outside because of terrorism, "the terrorists win." SImilarly, if you refuse to run your site that explains the law to people because the government twits the law to allow them to spy on you (even though you have nothing to hide in your professional capacity of operating that blog), then a different kind of terrorist wins.
Yes, if GrokLaw ran a wikileaks style legal blog which posted confidential stuff, the chilling effect would be necessary. In this case it isn't and since it's unclear when(or if) we will ever regain confidence that the NSA is not spying on us, we ought to minimize the damage.
Chilling effects are an argument against having surveillance. They aren't something we should encourage purely because they allow to point and go: "NSA, look what you broke". That's what I meant about terrorism. If the you refuse to go outside because of terrorism, "the terrorists win." SImilarly, if you refuse to run your site that explains the law to people because the government twits the law to allow them to spy on you (even though you have nothing to hide in your professional capacity of operating that blog), then a different kind of terrorist wins.
Yes, if GrokLaw ran a wikileaks style legal blog which posted confidential stuff, the chilling effect would be necessary. In this case it isn't and since it's unclear when(or if) we will ever regain confidence that the NSA is not spying on us, we ought to minimize the damage.