Resolution adopted by the GIC during the First World Congress of Cyberlaw (designated as “Resolution of Quito”)

Dear Internet
user,

The present
initiative aims to resolve most of the actual legal problems that are discussed
on national and international level. Internet being transnational by its
nature, regulators do accord that there is a real need for some international
legislation. However, their will of protection of sovereignty does not permit
today to find a global solution. Although, some treaties have been achieved
(e.g. the Cybercrime Treaty of the European Council)
or will be achieved (e.g. the Jurisdiction Convention of the Conference of the Hague),
no international organization does treat Internet and its issues as a whole.
Beneath specific topics like e-signatures or cybercrimes,
there are other issues like the digital divide and the respect of fundamental
freedoms.

Most of the
Internet users do consider themselves as belonging to a global community and do
consider that Internet is mere than just some telecommunication network; in
their view they do consider Internet as a space – Cyberspace.

We do have already
in practice a regime that functions well: the status of the High Sea
with its 1982 Montego Bay Convention and its
established Authority. Such a mechanism fits well to Cyberspace: on one hand
States’ sovereignty is well-kept; on the other hand, Cyberspace will remain
free and will be regulated by consensus of the International Community.
However, on the contrary to the Montego
Bay system, Cyberspace’s Authority should also include, beneath
State representation, representatives of the Internet Community.

A first step
has been made in this direction with the establishment of ICANN. However, for
one part, its goal is limited to DNS problems, and, for other part, there is no
real equal representation.

The
Internationalization of Cyberspace could be beneficial to all Internet users
may they be States, organizations, merchants or individuals.
That’s why we invite you to support the present resolution.

Adopted during
the First World Congress for Cyberlaw, Quito, October
17, 2002, by the Group for the Internaztionalization
of Cyberspace (GIC), we would like to obtain the largest support possible among
the today established organizations and among the Internet Community as a
whole. In a second step, we will address the Resolution to the Secretary general of the United Nations and to local governments.

The resolution
does not aim to give answers to all questions; it does not correspond to a
fixed program; it does not represent a mainstream ideology. The resolution has
only for objective to initiate a debate at the highest level. The supporters of
the following resolution are not bound by its content, but do express their
contentment to an objective: an equal, non-discriminative share of a global
space to the benefits of all.

In the future
there might be adoption of redrafted versions, which might slightly change in
form and content, reflecting thus the echo of the supporter group, without,
however, deviate from the initial goal.

We do count on
your support through your participation of the Group for the Internationalization
of Cyberspace (GIC).

The
Internationalization of the Internet

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 sovereignless 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 do 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, the Congress proclaims 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 organizations and individuals are equally represented, to
organize and to control activities in Cyberspace, particularly with a view to
administering its resources.