The project of digital constitutionalism

Major digital companies have attained a dominant position in the internet and can exert control not only on the information flow, but also on economic, political, and social structures. The power of these companies spurred discussions on digital constitutionalism, which expresses the need to protect fundamental rights and curb newly established (societal-private) powers affecting both the functioning of the Internet and our idea of a democratic society. The language of constitutionalism is normally deployed to tame the power of these platforms and private companies themselves have started applying it to their governance structures. This paper analyses the implications of shifting the vocabulary of constitutionalism from states to the private sector and questions the extent to which constitutionalism can, if viewed over a time span, live up to its promises when operating in a private and transnational setting.