Privacy in Cyberspace: Constructing a Model of Privacy for the Electronic Communications Environment

This chapter draws on philosophy and social science research in an effort to develop a theory of privacy that may inform the development of a legal right to privacy in the newly emerging social order of electronic networks. It seeks to construct a theoretical model of privacy which incorporates privacy&s;s moral value and its broader social function and meaning. The chapter examines privacy from a socio-historical perspective, to demonstrate that the Western concept of privacy is based on cultural notions of property and territoriality. It argues that cyberspace should be regarded not merely as a technological innovation facilitating communication but also as a cultural sphere characterized by distinct forms of social organization and rules of interaction. The chapter also examines the reasons for extending privacy rights to cyberspace communications. It proposes that privacy acts as a filtering device, reducing the amount of observations by others in order to provide the individual with a manageable set of external stimuli.