Canadian Journal of Law and Technology


cyberspace privacy, private copyright owners, peer-to-peer networks, P2P


The goals of this paper are to: (1) explore the expectations of cyberspace privacy in a peer-to-peer context; (2) examine the consequences to Internet users arising from the surveillance tactics of private copyright owners; and (3) discuss possible ways in which a balance can be achieved between privacy and intellectual property rights. Part II of this paper sets out the meaning of information privacy, discusses the widespread use of peer-to-peer networks for trading copyrighted content, and examines the expectations of privacy in peer-to-peer networks. Part III discusses the surveillance tactics of private copyright owners, and explains how the surveillance of alleged wrongdoers is potentially harmful for Internet users. Finally, Part IV examines how ISPs and the judiciary can ensure that an appropriate balance is struck between the privacy rights of Internet users and the interests of copyright owners.