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Declaration of Lima: The Internationalization of the Cyberspace

Declaration of Lima

The Internationalization of the Cyberspace

PREAMBLE

The Group for the Internationalization of the Cyberspace (GIC)[1], sponsored by the Facultad Libre de Derecho de Monterrey (Mexico) and under the auspices of the Alfa-Redi Community, at its third session, February 2003, restating its resolutions of Quito and Monterrey[2],

Takes notice of the progress of the different preparative events of the World Summit of the Information Society, Geneva 2003, and,

Adopts the following position:

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

Emphasize that the regulation of Cyberspace can only be constructed with the active participation of all sectors composing it, as it is stated in the UN General Assembly Resolution 56/183 establishing the mandate of the World Summit of the Information Society , and underlined by the “Declaración de las Organizaciones de la Sociedad Civil presentes y firmantes en la Conferencia Ministerial Regional para América Latina y el Caribe para la Cumbre Mundial sobre la Sociedad de la Información”>”;

Reject expressly the imaginary language of the WSIS Proposal for a Civil Society Bureau, repositioning Civil Society in the margin of the Event to the exclusive profit of the States[3];

Noticing that at the Latin American Regional PrepaConf (Bávaro, República Dominicana, 2002) the civil society organizations of Peru referred expresis verbis to the landmarks set by the GIC;

Joining the above cited declaration requesting a universal and democratic access to Cyberspace; the access being a fundamental Human Right for any citizen in whatever State;

Considering that by its nature it cannot be affirmed that any State, solely, or collectively with other States, may proclaim any sovereignty over Cyberspace;

Being conscience that in Cyberspace many different information societies may exist and that each one may have its own regulation; that however, all exist in the same space, which must submit to one single frame regulation;

Proclaiming that this frame regulation must be based on an international consensus;

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 under  international law, as affirmed in the final Declaration of Bávaro (§ J), notwithstanding the false assumption of the United States[4]; the international frame may eventually completed, on a subsidiary base, by State regulation;

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;

Considering that Cyberspace can only be ruled by an international authority, representing all the States and their civil societies and private sectors; that such experience had been initiated by ICANN,;

Being concerned that States may overthrow civil societies in the World Summit, urges the ITU and the United Nations to take into account the legitimate intervention of those organizations;

Invites all the organizations from the civil society to join the present declaration, and;

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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