Posts tagged ‘teoria sistemica’

20 Luglio, 2013

Gunther Teubner, Societal Constitutionalism: Alternatives to State-centred Constitutional Theory

by gabriella

TeubnerUno degli articoli più importanti che il costituzionalismo continentale abbia dedicato alla rivoluzione informazionale e alle sue conseguenze politiche. In Storrs Lectures 2003/04 Yale Law School.

I. A Right of Access to Cyberspace?

A group of globalisation critics are suing a commercial host provider of the Internet. They are appealing to the principle of free speech in order to enforce their alleged right of access judicially. The host provider who offers content providers the possibility on its computers to set up websites, had long got caught up in the tangles of state attorneys and private collective actions because some of the websites contained child pornography and Nazi propaganda. The decisive factor came with the decision of the Paris Tribunal de Grande Instance, Order of 20 November 2000, ordering Yahoo Inc to bar access by French users to auctions of Nazi objects [1]. The final blow came with the new trends toward publicprivate co-regulation which exempts providers from liability when they cooperate with state agencies [2]. The provider thereupon electronically barred access to all websites where it regarded the risk of criminal or civil actions as too high. The bar also affected political groups rated by Compuserve as politically radical or too close to violent protest campaigns. In a civil action, these groups are now seeking to compel access to the host provider.

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