The obsession with data accumulation is behind the exciting purposes put into the possibilities of information and communication technologies. From this single perspective it is usually quite common to talk about opportunities and, associated with it, challenges. But these challenges are focused on favoring the expansion of these technologies to any area that suits them. In the midst of this exaltation, less attention is paid to the risks of exclusion, but also to the control and domination that this may imply. Precisely counteracting these dangers is one of the great challenges of the Law to safeguard the civil andpolitical guarantees of the members of the democratic society or, otherwise, to contribute to the establishment of totalitarian regimes, equally subject to legality, but not to the idea of justice.This concern is what we will try to make explicit by returning to it about the false dichotomy that is established between freedom and security, on which the so-called criminal law of the enemyabounds and how much this involves the failure of the system of guarantees in a democratic and legal State.