Report to the Director General by the Experts meeting on Cyberspace Law  Monaco, 29-30 September 1998   I. MANDATE AND COMPOSITION OF THE MEETING AND ORGANISATION OF ITS WORK The Experts Meeting on Cyberspace Law (category VI of the UNESCO regulation on the classification of meetings) was convened by the Director-General of UNESCO, in conformity with Resolution 36 adopted by the General Conference at its 29th session, in order to advise him on the establishment at the international level of an ethical and legal framework for cyberspace and on the promotion of multilingualism and cultural diversity in this new environment. Twenty-two experts, designated by the Director-General, participated in their individual capacity. Eighteen observers from Member States or international organisations also participated (see Annex I, List of participants). Mr. Jérôme Huet, Professor at the University of Paris II (France) and President of the review "Droit de l’informatique et des télécoms" and Mr. Suman Naresh, Professor at Tulane University School of Law (New Orleans, USA) were designated, respectively, Chairperson and Vice-Chairperson. Ms. Longworth (New Zealand) and Ms. Woo (Korea) were designated, respectively, Rapporteur and Vice-Rapporteur. Ms. Teresa Fuentes, Division of Information and Informatics of UNESCO, acted as the Secretary of the Meeting. The Director-General was represented by Mr. Henrikas Yushkiavitshus, Assistant Director-General for Communication, Information and Informatics, and Mr. Philippe Quéau, Director of the Division of Information and Informatics. The experts met on 29 and 30 September 1998 at Monte-Carlo (Principality of Monaco). They were guided in their debates by the Working Document established by the Secretariat and referenced CII-98/CONF-601.2 (see Annex II). At the close of the meeting, the experts adopted for consideration by the Director-General a set of principles to be promoted by UNESCO and a number of activities to be undertaken by the Organization. II. PRINCIPLES AND ACTIONS PROPOSED BY THE EXPERTS The Experts Meeting on Cyberspace Law : Recognising the interest of UNESCO in the promotion of human rights and fundamental freedoms in cyberspace particularly in the fields of education, science and culture; Recognising the mandate and the ethical and intellectual mission of UNESCO, its universal vocation and the transdisiplinary character of its fields of competence; Recognising that current international discussions concerning cyberspace activities and digital works tend to emphasise economic matters rather than social and cultural interests; Recognising that the global nature of the Internet raises issues of common concern for governments and peoples around the world; Recognising the need to work in cooperation with other international organisations concerned with matters of cyberspace law and the need for international efforts on harmonisation and to resolve jurisdictional issues; Recognising the open and decentralised character of "cyberspace" as well as its interactive and dynamic nature, system of electronic linkages, and the irrelevance of geographic and physical boundaries; Recognising that cyberspace offers benefits and opportunities as well as undesirable consequences that raise complex issues for humanity.   proposes to the Director-General that UNESCO promote the following principles : Communication Principle · The right of communication is a fundamental human right. Participation Principle · Every citizen should have the right to meaningful participation in the information society. The above key principles embody the concept of every person’s right to access the new environment of cyberspace, in particular : Universal Service Principle · States should promote universal services where, to the extent possible given the different national and regional circumstances and resources, the new media shall be accessible at community level by all individuals, on a non-discriminatory basis regardless of geographic location. Multiculturalism and Multilingualism Principle · States and users should promote cultural and linguistic diversity in cyberspace by the promotion of regional and local participation in Internet activities, information collections, and new information services. Ethics Principle · States and users should promote efforts, at the local and international levels, to develop ethical guidelines for participation in the new cyberspace environment. Education Principle · All persons should have a right to appropriate education in order to read, write and work in cyberspace. There should be specific initiatives to educate parents, children, teachers and other Internet users on the implications of their participation in cyberspace and on how to maximise the opportunities presented by the new media. Free Expression Principle · States should promote the right to free expression and the right to receive information regardless of frontiers. Privacy and Encryption Principles · The fundamental right of individuals to privacy, including secrecy of communication and protection of personal data, should be respected in national law and in the implementation and use of technical methods as well as private legal remedies and other self-regulatory measures. Access to Information Principle · Public bodies should have an affirmative responsibility to make public information widely available on the Internet and to ensure the accuracy and timeliness of the information. This information could include government information, information concerning cultural heritage, and archival and historical information. · The traditional balance between the rights of authors and limitations on these rights, including the free use of ideas in published works, should be maintained in cyberspace in the interests of the public and of the authors. · States should preserve and expand the public domain in cyberspace. Training Principle · Job training in electronic media should be encouraged to enable people to communicate in the new media and to create new opportunities in employment. International Cooperation Principle · States shall cooperate at an international level and seek to harmonise national law to resolve jurisdictional or conflict of laws differences. proposes to the Director-General that UNESCO undertake, inter alia, the following activities : Pursue the on-going publication of the collective work on the "International Dimensions of Cyberspace Law". Study the application to cyberspace of each article of the Universal Declaration of Human Rights. Conduct an empirical study of the realities, significance and consequences of all barriers to access, whether publicly or privately created, and in particular an investigation of barriers to access, such as : The blocking of information and transactions due to practices of black-listing and barring from discussion groups. The use of filtering devices. The requirements of standardisation which may preclude information in non-standardised forms. Assess the adequacy of translation software and take steps to increase the availability and the development of improved versions. Promote specific initiatives for the education of parents, children, teachers and other Internet users on reading, writing and working in cyberspace, on the implications of participation in cyberspace, and on the maximisation of the positive benefits presented by the technologies. Represent, in international debates on intellectual property law, all interests concerned with the need to expand the public domain. Conduct an independent study of the actual economic cost of piracy on the Internet and the degree to which the resulting disincentive has reduced the supply of works desired by the public. Study the significance of jurisdictional issues and conflicts of law and promote harmonisation of national laws. invites the Director-General, for undertaking these activities, to : Establish a small Group of Experts designated by the Director-General and acting on their own capacity, on the basis of two from each region and one from each international organisation directly concerned, to propose and monitor the activities to be conducted by UNESCO in the area of cyberspace law. Establish global and regional study groups or task forces to carry out or commission the studies in these recommendations.        Contact - Teresa Fuentes, UNESCO, Information and Informatics Division      cii.webmaster@unesco.org © Copyright 1998 - UNESCO