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Resolution of Monterrey: The Internationalization of the Cyberspace

Resolution of Monterrey

Monterrey, 21 January 2002

The Internationalization of the Cyberspace

PREAMBLE

The Group for the Internationalization of the Cyberspace (GIC)[1], meeting in Monterrey, Mexico, 21-25 January 2002, at its second session, reviewing the Resolution of Quito[2], adopted during the First World Congress for Informatics and Law[3],

Restates the content of the Resolution of Quito,

Takes into account the adoption of the United Nations General Assembly Resolution on the World Summit on the Information Society[4] and the draft Recommendation Concerning the Promotion and Use of Multilinguism and Universal Access to Cyberspace of the UNESCO,

Adopts the following position:

Affirming that the Internet is a new space, from a sociological, economical and legal point of view – known to its users as “Cyberspace”,

Considering that by its nature it cannot be affirmed that any State, solely, or collectively with other States, may proclaim any sovereignty over it, being in its nature an International Space in the sense of International Law,

Noticing that there is already a well-functioning international system in regard to the international space of the High Seas

Considering that 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,

Considering however, 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,

Stressing 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,

Emphasizing 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 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;

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

Proclaims the following principles on which the future Treaty of 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 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.

GIC Project

http://www.alfa-redi.org/gic

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