The quadrangular shape of the geometry of digital power(s) and the move towards a procedural digital constitutionalism

Abstract The paper explores the evolution of private powers in digital landscape, developing a quadrangular systematisation such phenomenon based on four main aspects: space, values, (private) actors, and (digital) constitutional remedies. Taking trans‐Atlantic approach, shows how these categories, typical constitutionalism, apply to context Internet new technologies both United States Europe. On one hand, has up now maintained supremacy notorious Section 230 Communications Decency Act. other European legislation undergone significant change, moving from phase liberalism, which 2000 e‐Commerce Directive is emblem, towards era passing through age judicial activism courts. In this sense, Europe increasingly attempted introduce limits powers, with view better protect enforce (also horizontally) users' fundamental rights. Additionally, vertical‐sectoral approach horizontal procedure‐based one, significantly showcased by recent Digital Services Package, underscored, signalling movement EU into its second constitutionalism. respect, argues that great benefit stressing procedural dimension, may be defined as application “due (data) process” relationship between individuals it potentially able help consolidate (necessary) bridge.