Protecting Information Through Criminal Law
Chapter 3: The communication model
AbstractChapter 3 deals with the communication model, in which the linkage that forms the basis of the right to control information is between an individual and a communicative process. In some circumstances and under certain conditions, an interpersonal communication protects and shields communicative messages transferred within its framework from unauthorized exposure. Communicativeness deserves special attention because it concerns one of the most basic human traits, and many refer to it as one of the primarily human characteristics. The party transferring the message may control it to some extent both during and after its transmission. But control is relative under the protection of this model. It can be a function of the personal relations between the parties, such as a trust relationship that serves as a basis for requiring the recipient not to undermine the control of the transferring party. In other situations, the control is a function of the mode of communication or its circumstances. Communicators who reveal their intention not to make their information exchange public can prevent others from intercepting the information while in transit. The criminal provisions that constitute this model were aimed at protecting information, and through it other rights and values. The chapter follows objectives of these provisions, the trends of their development, the underlying lines of reasoning and the extent of protection.
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