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Resolution of Quito: The Internationalization of the Cyberspace

Resolution adopted during the First World Congress of Cyberlaw

(designated as “Resolution of Quito”)

Quito, 15-18 October 2001

The Internationalization of the Cyberspace

We do affirm that the Internet is a new space, from a sociological, economical and legal point of view – known to its users as “Cyberspace”. We do consider that by its nature it cannot be affirmed that any State, solely, or collectively with other States, can proclaim any sovereignty over it. It is in its nature an International Space in the sense of International Law;

We do notice that there is already a well-functioning international system in regard to the international space of the High Seas;

As others unappropriatable spaces, the Internet should be formally recognized as a new international space and its regulation ought to be done by international treaties, eventually completed, on a subsidiary base, by State regulation;

We do take into account that there is a real and legitimate request for regulation and that, among others, State legislative initiatives also are required. However, we do consider that future regulations should not be based on the territorialism principle issued of the power of the States over their dominium, but only on their imperium;

We do call upon the Secretary General of the United Nations to call an international conference on this topic and invite the International Community to take into consideration the internationalization of the Internet to contribute to an equal, non-discriminative and fair development to the benefits of all countries and to the global community of the Internet users;

We underline the need of establishing through a Convention, with due regard for the sovereignty of all States, a legal order for Cyberspace that will promote a peaceful, equitable and efficient utilization of its resources;

We emphasize that the achievement of these goals will contribute to the realization of a just and equitable international economic order that takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries;

Taking into account the already undergone work by international organization, especially the work of the European Union, the Council of Europe, the O.E.C.D., the Conference of the Hague, the UNCITRAL, among others, the Congress must, however, notice the absence of any international text taking into account that the problems of Cyberspace are closely interrelated and need to be considered as a whole;

Taking into account that today the digital divide is a reality, the internationalization of the Internet would contribute to accord to technological un-developed countries and to countries in technological development a special status, giving them thus the opportunity to overpass their delay with the help of other countries and insure to their populations an equal treatment and a fair access to the Information Society and to e-commerce, contributing thus to their general economical welfare;

In order to urge the debate, to invite the United Nations and the International Community of States, the international non-governmental organizations and any individual belonging to the Internet community, we  proclaim the following principles on which the future Treaty on the Cyberspace should be based:

§ 1 - International Space. No State shall validly purport to subject the Internet or any part of it to its sovereignty.

§ 2 - Peaceful purposes. Cyberspace shall be reserved for peaceful purposes.

§ 3 - Freedom of access. No State and no International Organization shall prohibit through legislative or technological means its populations to access the Internet.

§ 4 - Freedom of information. No State and no International Organization shall prohibit through legislative or technological means any individual or any organization to publish information in the Internet. No State and no International Organization shall through legislative or technological means prohibit access to information in the Internet.

However, any State or any International Organization may limit access to pre-identified information if necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

§ 5 - Human Rights. All States shall guarantee the respect of fundamental Human Rights as stated in international conventions in the Cyberspace.

§ 6 - Criminal jurisdiction. States shall only exercise criminal jurisdiction in the manner that the most fundamental principles of human rights as defined in international treaties are respected.

States may exercise universal jurisdiction for criminal offenses considered as a global crime against the community of the Internet users. Such offenses should however be listed in a limited way in an international convention.

§ 7 - Civil jurisdiction. States should exercise civil jurisdiction based on the principle of foreseeability and the equal protection and fair justice for all the litigating parties. International cooperation should be reinforced.

§ 8 - Compensatory treatment. Technological undeveloped States and States in technological development should benefit from compensatory mechanisms in order to fight the digital divide.

§ 9 - International Authority. An International Authority shall be established, where States, private sector organizations, civil society and individuals are equally represented, to dialogue, to organize and to coordinate activities to Internationalization of Cyberspace.

§ 10 - Follow up. A non-profit informal group – designated as the “Group for the Internationalization of Cyberspace - GIC” should be established in order to insure the follow up of the present resolution.

Any States, any International Organization, any organization, any physical or natural person, may be member.

The GIC sets up a Steering Committee, which should establish contacts to the United Nations and national governments in order to submit the following resolution, to incite debates and to assist States or International Organizations representatives in their efforts to achieve the Internationalization of the Cyberspace.

The Committee should inform the Group on a regular base and take into account its remarks.

The Committee and the Group, individually and collectively, shall hold regular meetings.

Done in Quito, October the 17^th, 2001

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