The Chapter aims to examine the legal remedies – both judicial and non-judicial – available in the area of electronic communication, adopting as the main comparison parameter the problem of the legal status of digital information. The infocentric structure of today’s society on the one hand does not allow for the advance identification of a clear and generalized correspondence between a subjective legal situation and digital information; on the other hand, protection mechanisms tend to converge both from a classification and a technical profile. In other words, the consolidated subjective right vs. remedy model – understood as a system of subjective situations that are pre-established by the law from which owners derive their faculty or powers and which puts the obligation to do (or also not do) in the hands of individuals or the rest of the community, and alongside which a range of protection instruments can be found that can be invoked before the courts in the case of violations (ubi jus, ibi remedium) – is often diminished and becomes more typically an action-reaction model. In a multi-subject context marked by a post-industrial, cognitive economic model, it is possible that at the operational level the administration of one type of remedy implies a different consequence for all the other subjects involved in the information flow. While respecting the diversity of the experiences analysed, the regulatory trend seems to be that of the parcelling up of behavioral standards in a preventive and collaborative key.
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