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This paper argues that the reluctance of states to engage themselves international law-making has generated a power vacuum, lending credence to claim the international law fails in addressing modern challenges posed by the rapid development of information and communication technologies. In this direction, the great economic operators tend to occupy, in an ever more exclusive way, every intermediary space between producers and consumers, assuming a strong power, subtracted to any democratic rule. Digital intelligence has become an invasive and difficult form to ward off that makes it necessary to research, also on the regulatory level, new balances to safeguard the freedom of enterprise and the right to privacy.
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