The paper focuses on how fundamental rights – such as privacy and free speech – are understood and protected by the Luxembourg and Strasbourg courts in the digital age. The main aim of the paper is to emancipate the debate concerning the law and jurisprudence of the Internet from the dominant position occupied by technicians, technocrats, informatics and intellectual property lawyers. Such an emancipation aims to “inject” into the topic in question a European and a constitutional “soul” and to reconcile the analysis of the relationship between new technologies and fundamental rights with the theoretical debate related to the process of European integration, with particular emphasis on the so called European judicial dialogue.
Oreste Pollicino is Professor in Comparative Public Law and Information and Internet Law at Bocconi University, Milan (Italy). He is editor of the International Journal of Communications Law and Policy as well as founder of the two Italian blogs medialaws.eu and diritticomparati.it. His research interests lie in the field of European and comparative constitutional law as well as media and Internet law.