In this article, I will investigate to what extent democracy and the Rule of Law require that ISPs as ‘common carriers’ that provide ‘mere conduit’ pre-empt extensive monitoring of the content they carry. I will trace this duty as a moral duty that is bound up with the framework of constitutional democracy, arguing that such monitoring affords unprecedented data-mining operations that could stifle our account of ourselves as moral agents in the novel infosphere.
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Mireille Hildebrandt (2011) studied this question.
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