C. Freedom of Communication As discussed in greater depth further on (see section 5 A, below), freedom of communication relies on two complementary rights: (1) the freedom of opinion and expression, which is the fundamental right to feel, think and believe and to express oneself, and (2) the freedom of information, which is a fundamental prerequisite to allowing the creation of full and informed opinions and allowing selfexpression. 1. Freedom of Opinion and Expression Freedom of opinion and expression is a fundamental right, declared in a number of instruments, including in the Universal Declaration of Human Rights (1948),106 the International Covenant on Civil and Political Rights (1966)107 and the American Convention on Human Rights (1969).108 The internet has been revolutionary in many ways but especially in terms of facilitating communication and freedom of expression. The internet has significantly expanded the meaning of that right, allowing instant, inexpensive communication to almost everyone, dramatically impacting journalism, access to information and knowledge sharing and ideation.109 Nevertheless, freedom of opinion and expression has been suppressed in countries for various reasons including public safety, breach of confidentiality, defamation, threats to person or property, terrorism, incitement to genocide, incitement to religious hatred and child pornography.110 The internet’s configuration and architecture have greatly impacted the flow of information, as well as what level of control can be exerted over it. First developed by the US military as part of the Pentagon’s Advanced Research Projects Agency Network (or “Arpanet”) program to create a command and communication contingency in the midst of war,111 the internet was developed to be flexible, decentralized, open and neutral. That architecture, which has fostered for rapid growth and amazing creativity, should be preserved. As such, any regulations should be designed in dialogue with all stakeholders and, fundamentally, should seek to maintain the basic characteristics of democratization, universality and nondiscriminatory access. Efforts should be made to assure that the special characteristics that have made the internet a rich medium for growing democratic, open, plural and expansive exercising of expression are protected. Such an understanding has been recognized at the international level: jointly, the UN Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Cooperation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information have recognized that “[a]pproaches to regulation developed for other means of communication—such as telephony or broadcasting—cannot simply be transferred to the internet but, rather, need to be specifically designed for it”.112 Page 42 | Chapter 1 | § C. Challenges to Fighting Cybercrime Table of Contents