사이버공간의 규제와 자율에 관한 헌법적 근거

Today, cyber space, which has become an important living space of ours, is full of disordered and useless information. In view of my view of entropy as one of the entropy phenomena, the increase of entropy will become increasingly serious. If such entropy is not actively prevented, useful cyberspace will become useless space, and act as a space to fuel the end of the phenomenon. The so-called entropy law is also called the second law of thermodynamics, which states that “all matter and energy change in one direction, from usable form to useless form, from state of order to state of disorder.” Accordingly, mankind should try to achieve low entropy civilization, and this obligation applies to cyberspace as well. The so-called Cyberspace is the maximum of modern civilization which makes our life very convenient and provides a lot of information. However, cyber space has a lot of illegal information that deepens 'entropy' phenomenon, and active regulation is inevitable. Accordingly, many special laws, including the Information and Communications Network Act, have criminal penalties related to the regulation of cyberspace. However, the reality is that cyber space is divided into the view that the free space where the freedom of expression is originally guaranteed, the regulation should be reduced to the minimum necessary, and the strong regulation policy should be implemented so that illegal information can be released. In particular, many opinions that actively oppose cyberspace regulation present constitutional grounds such as freedom of expression without exception. In the following, we analyze the fundamental rights of constitution such as freedom of expression and analyze the constitutional grounds that can actively regulate cyberspace.