In this work we will analyze two new scenarios that are forcing the State transformation to guarantee citizens fundamental rights and security: cases where the State needs ITC private operators to fulfill its national security duties and cases where ITC private operators decisions impact State traditional roles. For instance, courts from different States have decided that in certain cases private operators (Search engines above all) should decide whether the information remain in the web or not, giving private operators roles that historically the State used to play. Furthermore, States need the support and expertise from private operators to protect citizens rights and to fulfill duties of national security due to new forms of crime such as terrorism or global cyber attacks. We will analyze the scope of the relation between the state and these operators, and the state tools to warrant the fight against new forms of crime without jeopardizing the constitutional rights of corporations