Abstract EN:

The regulation of Cyberspace has spawned a litany of metaphors. It had to be preserved from the intrusion of Governments and States that belonged to an outside world. The general will was supposed to be the sole legitimate source of rules for Cyberspace. The first decision of the American Supreme Court about internet law, which struck down the Communications Decency Act, made clear the principles of free speech had to be fully implemented. Cyberspace couldn't be likened to the old wild west in which legal definitions and qualifications had no hold. In this thesis, I've tried to theorize what I termed the special law of new technologies and liberties. Once again, I'll point to the landmark decision ACLU v. Reno to illustrate my point. Filters had been promoted as a more flexible approach than a statute even if their flaws were well known. Unfortunately every solution gives birth to a new difficulty. Filters have become a one become one of the tools thanks to which new sources of rules have appeared.