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This chapter begins where Simmel and many other social and legal scholars left off. In contrast to many traditional theories of privacy, we argue, as one of us has argued before, that privacy rules and norms are essential to social interaction and generativity. Through primary source research, we suggest that the rules and norms governing information privacy in three knowledge creation contexts – Chatham House, Gordon Research Conferences (“GRC”), and the Broadband Internet Technical Advisory Group (“BITAG”) – are necessary to develop the kind of trust that is essential for sharing ideas, secrets, and other information. More specifically, when it is part of institutional structures governing knowledge commons, privacy fosters knowledge through a systematic social process. Privacy rules have expressive effects that embed confidentiality norms in the background of institutional participation, which in turn create a sense of community among participants that can both bring in new members and threaten sanctions for misbehavior. Knowledge production, therefore, depends on privacy.
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