About the regulation of internet: constitutional issues, models and challanges

di Giovanna De Minico

SOMMARIO: 1. Key questions. - 2. Is a constitutional source to the Internet necessary? - 3. The guarantees of modern constitutionalism instead of the constitutional source. - 4. Which is the best regulation of the Internet? – 4.1. Net neutrality in the light of the models of regulation. - 5. The experience of the Italian Boldrini Committee: a new approach. - 6. Its content. - 7. Its value. - 8. Conclusion.

 
The theme of basic “constitutional” rules for the Internet is a recurring one. But recently a question arises: is an Internet Bill of Rights still possible? This is the focus of the present essay, which is structured upon two different, although related, topics.
Firstly, the choice of the regulatory model best suited for the Internet is considered - the hard law and binding one, or the soft law and self-regulatory one - together with the issues of constitutional legitimacy arising from each model at the national and European levels.
Secondly, attention is given to the specific experience of the Italian Internet Bill of Rights, drafted by a Commitee charged by President Boldrini and approved on November 23rd, 2015, with a motion voted by a transversal majority in the Chamber of Deputies of the Italian Parliament. The basic legal questions concerning fundamental rights addressed by the Bill are analyzed, while underlining its value as a political guideline for the future legislator of the Internet.