Gewährleistung der Möglichkeit internetbasierter Kommunikation

Is Internet access a constitutional right in Germany? Markus Oermann answers this question by employing a heuristic analytical framework based on regulatory science. This framework combines levels of technical information transfer with the factual conditions for an individual’s use of technical communication systems. These conditions are then specified in the context of the Internet. By applying these techniques, the author uncovers the different constitutional structures that safeguard the opportunities for Internet-based communication, points out gaps in the established concept of guarantees and proposes solutions to current problems, such as how to deal with intermediary services. Using illustrative examples, he clarifies the interdependency between EU law, constitutional law and national legislation and depicts the prospects for their development in future.