I would like to introduce this article with various questions and possible answers to the problem of insecurity on the Internet.
In my opinion, we are all moved, to a greater or lesser extent, by curiosity and, above all, by the question: Is the Internet a new world that is being placed before our eyes? A new reality of cyberspace as real as the earthly and physical world in which we move? But what differentiates the real from the unreal? That is a difficult question with many more complicated answers.
To my understanding, the Internet and cyberspace are as real as the physical world in which we live. But the Internet is a virtual world devoid of all matter and known physical magnitudes.
The principle of virtuality
In this new world, as I have pointed out on numerous occasions, there are various social behaviors that harm the coexistence and free navigation of many Internet users, such as the Distributed Denial of Service Attack “DDoS” through a network of bots.
Faced with these new social phenomena, Law must begin to study them with a new and, above all, more innovative vision. And one of the pillars that would have to be defined as a new legal postulate would be the Principle of Virtuality.
This Principle of Virtuality must establish that the legal system applicable to cyber conduct must be integrated by Cybernorms emanating from the Internet itself.
The concept of positive law must be overcome, understood as the system by which the State is the organism that creates Laws applicable to a certain territory delimited by borders and begins to build a new law, Cyber Law.
And in this sense, the elaboration of this new legal postulate can validate that the Virtual Islands or cyber-islands (Facebook, Google, etc.) are the creators and source of the new private cyber norms.
Of course, these Virtual Islands should also collaborate and agree with other Islands to promulgate new “public” and general regulations that address the main Internet problems.
And most importantly, the resolution of conflicts and interpretation must be carried out by different powers. This would guarantee a fairer and more ethical system, where the creator of the Cybernorms would be independent of whoever interprets and judges them.
This new future legal system must conform, in my opinion, to the cybernetic legal system that orders the peaceful and safe coexistence of the Internet.
It is true that in the background of the approach lies a profound debate on Cyber-Sovereignty, which I will address on another occasion.
Definitely, the formulation of this legal postulate (The Principle of Virtuality) would solve, in a simple and effective way, the rampant insecurity of the Internet.
I invite you to reflect on it and thus define together this new principle. And remember, “it is not the Law that governs the Internet but the Cyberspace that orders the Law”