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Article

Конституция интернета: идея, проекты, перспективы

The current debate on Internet-Constitution is the reflection of both the development of competition
between main stakeholders and the growing social demand for the legal regulation in the area of web
communications. In order for the Internet-law to function effectively it has to be legitimate i.e. it must be
fair in the eyes of the public. This requires that: firstly, the aims behind the Internet-law conform with the
sense of public morality; secondly, it be implemented in an impartial manner; and, thirdly, that it be applied
efficiently by the system of independent mediating institutes. Thus the crucial questions about sustainability
of Internet-constitution should be formulated in the following way: how new “social contract”
could be adopted in order to create a stable framework for the direct (on-line) or indirect (off-line) information
exchange, the accumulation of reliable information, to ensure human rights protection and the
transparent international legal control over the whole process of information production, exchange and
distribution, and the implementation of comparable legal and technical criteria for its evaluation made by
independent and professional experts. According author’s view this constitution-based approach to Internet-
rules creation provides the possibility to rethink the bulk of the fundamental legal grounds of the
whole Internet project as well as the criteria for the virtual state concept and e-government strategy
evaluation – legal framework, hard and soft law methods of normative and administrative regulation,
technical innovations implementation and the calculation of social consequences of their use.