Abstract

Cyberspace, as a normative order, can be usefully understood as having a constitution, and debates about its regulation as constitutional debates. As with more familiar constitutions, these debates concern the procedures through which the rules making up the normative order of cyberspace are made and changed, the participants in these procedures, the limits on the scope and substance of these rules, and the values which these rules serve to realize. The lessons of “real lifeµ constitutionalism, notably about the limits of constitutional design and the importance of structural protections for liberty are thus applicable in cyberspace.