Fundamental rights in the digital society: Towards a constitution for the cyberspace?

Abstract

This work aims to study the new dimensions of fundamental rights in the digital society and the challenges for its protection. The first part of the paper focuses on the regulation and the governance of the Internet. After that, it analyses the role of fundamental rights in the cyberspace and, in particular, the fundamental rights will be considered as guiding principles of the Internet's architecture. As a final conclusion, the paper addresses the question of whether a constitution of the cyberspace is needed.