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The recent thesis of the "gap in the law" is such of crises which draw a model of the cyber criminality, releasing in hollow the process of social integration of a technical invention (ICT) in phase of democratization. Which conclusions have we to draw from the thesis of the impotence of the State-Nation face to the omnipotent of ICT? Within the framework of our research on the changes of infrastructures of the public space, we have followed the negotiation and the institutional process within the French State to respond to this “crisis”. In the framework of this you study, we are focus on a recent institutional innovation which challenges the concept of governance in France: The Forum des Droits sur Internet (FDI). Between Public policies studies and Pragmatics communication theories, we were enabled to reveal how the "Forum" engages a new model of governance, with pragmatic dimension, within the meaning of Austin and Habermas, resting entirely on information and communication processes. The FDI would be defined as an institution of treatment of the knowledge and standard in the order of Law. The communication and the power becoming two concepts deeply intermingled in the stakes of institutionalized procedures, we will try to show how the configuration of a libertarian self-regulation gradually makes place with a new model of regulation which transforms the nature of the traditional kingly State, while being based on a new "software power" which calls upon relations of communication. ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]

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