The Balance of the Power in the Regulation of the Internet: criteria and consequences

Abstract

In the last years, the arrival of digital forms of communication has brought a transformation in our lives, reflecting in different areas of human interaction, such as learning, working, leisure, trade and even citizenship experiences. Our research will demonstrate that such evolution in the communication experience has a strong relation to other changes already in course in fields such as live itself and the manipulation of matter, characterizing a systemic process of high interaction. Such modifications are reflected in power relations inside the society. Individuals acquire new powers, unforeseen by the legislators. The problem is located in the due use of these powers and the role government should play over it. North American cases, where different approaches were taken, will be analyzed, as well as their results. The regulation obtained is a result not only from the market forces, but also from scientific and governmental ones. The problems identified do not intend to support the libertarian doctrine, which has a strong popularity in online communities. By the contrary. It is necessary to find the ideal technique to the new organization of power structures, identify which forces are involved so that government is able to correspond to the expectations of a democratic state. To do so, the existing forms of power and how cyberspace is influenced by them will be analyzed. Since the purpose of this article is to discuss how modifications in Brazilian laws should be directed, it is necessary to verify the role of Law in the regulation process and to know when and how to be applied in the new context.