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The movement of human activity into cyberspace must inevitably affect the law governing individual rights. Cyberspace creates new potentials for good and evil, for creative expression and criminal exploitation. This duality generates tension between our desire to encourage the freedom and autonomy that have thus far been the defining characteristics of cyberspace and our obligation to ensure that it is not used for unlawful purposes. Courts, legislators, and society as a whole must decide how to balance this need for effective law enforcement against out historical respect for individual rights and liberties. This article considers how that balance should be struck with regard to what is perhaps the most amorphous of these rights—the constitutional guarantee of privacy.
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