DIGITAL SOVEREIGNTY

The contribution examines the most recent questions that the development of cyberspace has raised regarding the theme of sovereignty. In fact, despite the frequent recriminations regarding an alleged annihilation of the sovereignty of the States, we realize how the Internet –like all other public service networks –is fully subject to state authority and its legislation which preserves the unchanged charisma of legitimacy and satisfies general interests linked to community life. On the other hand, the technical legislation of private operators remains an expression of the core interests of these great powers whose actions never reach the dimension of public power, with the guarantees of rights and democracy, and never match the intervention capabilities of the State. Therefore, to safeguard the fundamental rights of the people of the Internet, a new regulation of cyberspace is needed, which is modeled according to a typically constitutional projection. To do this, however, in addition to the conformation of the State as a constitutional State of law, it is necessary to define an international network regime which, through the signing of a Cyberspace Treaty, recomposes the digital sovereignties of the States and limits virtual conflict.