THE GOVERNMENT OF INTERNET LIKE CHALLENGE OF THE CONSTITUTIONAL RIGHT

Abstract

The so-called "Internet governance" constitutes, in our opinion, one of the challenges that the TICs' apparition have posed to the constitutional Law. As a result of this, the present lines are aimed at the exam of the different steps of the current process of construction and debate concerning the Internet governance. We would contribute to this discussion providing with several elements which are inspired by the constitutionalism principles and can be taken into account in the case of an eventual regulation of this subject. Since these bases, the Internet must be considered as an own field of the society immune to public powers intervention and which regulation belongs to the society itself. In that sense, we consider that the intervention of the public authorities in the Internet must be limited to procure the guarantee of technical working conditions of the net. Considering the universal character of the net, this participation should be a work of independent organisms linked to international organizations whose members should be designated by the assembly committees of these organizations following two criteria: scientific probity and representation of the civil society.