(No.136) Free cross-border flow of Internet traffic

International law provides for the exercise and enjoyment of the right to freedom of expression and access to information regardless of frontiers. Being a global network the Internet enables and facilitates the flows of information, content and services as well as people’s communications across borders. In this context it is considered important to have a free and unimpeded flow of Internet traffic. Part of the challenge in this area lies with the fact that there are differences in national regulatory and policy frameworks and approaches. How do legal requirements on providers of services or of essential numbering and addressing resources inhibit cross-border flows initiated by users of those services and resources? What is the impact on free flows of traffic and information where ISPs/electronic service providers are demanded to act against third party content or transmissions where alleged infringements of various kinds have occurred? What restrictions or measures on the Internet traffic in one country can have an impact on access to information in another country? The Council of Europe, pursuant to its Internet Governance Strategy 2012-2015, will consider developing appropriate human rights-based standards to protect and preserve the unimpeded cross-border flow of legal Internet content. The OECD promotes the global free flow of information as one of the basic principles for Internet policy-making. Also, discussions on the cross-border flow of Internet flows may relate to the revision of the International Telecommunication Regulations by the ITU. Major private sector players have called for international commitments to “expressly prohibit restrictions on legitimate cross-border information flows”. The objective of this workshop is to discuss challenges to the unimpeded cross-border flow of Internet traffic and to take stock of best practices.