Liberty in Cyberspace: Cybersecurity and the Harm Principle

Abstract

Based on different theoretical conceptions of liberty, its limits in cyberspace, on cybersecurity and on the Harm Principle, this article seeks to analyse up to which point and in what circumstances a State is able to validly enter an individual’s space of liberty in cyberspace. Thus, the conditions for a legiti- mate and founded intromission will be evaluated and the situations in which a State must unrestrictedly respect the liberty that individuals enjoy in cyberspace will be analysed.