Legal Protection Of The Right To Internet Privacy

In 1890, Warren and Brandies, two scholars in America, issued an article "The Right To Privacy" in "Harvard Law Privacy". From then on, privacy and the right to privacy were proposed as legal concept of strict meaning and received constant research .The 21st century is a web and information era .Electronic commerce and information exchange plays more and more important parts in Internet. At the same time, the development of network brings new subjects on the right to privacy in traditional domain and its legal protection. Though analyzing the new development and characteristics of the privacy, the right to privacy and the right to internet privacy, the paper forms a conclusion that the privacy protection system in China should be established by learning the foreign advanced experience about the privacy protection.The paper contains three parts.Part one is the development of privacy, the right to privacy and internet privacy, the right to internet privacy. There are some important differences in contains and character between traditional right to privacy and modern right to privacy. In this part, through the analyses to people's different demands in different times and the new content, new character that the right to privacy appears in new era, we can draw a conclusion to the right to internet privacy.On the basis of part one, part two mainly discusses the way infringing the privacy, its main obligation body and its Liability principle. Because the infringing behavior often occurs in the network, it is different from the infringing behavior in realistic society, at the same time, the obligation body that has something to do with network have to undertake more responsibility. In view of the network user are lacking of capital fund and technical force, we should apply Presumed-default Liability Principle.Part three mainly discusses the legal protection to right to privacy in internet era. Firstly, it makes comparison and analysis to the mainly systems of protection to the right to privacy. Then it analyses the reality of the legal protection to the right privacy in our country and points out that we should have right understanding to the rules that the law has defined and the shortage of the law of the right to privacy. At last, it affords the specific measures to protect privacy in web.