Cyberspace Constitution

ciberregulacion

Por Emilio Suñé Llinás

PREAMBLE

We, the people of this metaspace, which is cyberspace, where no territorial sovereignty can exist, proclaim the need to establish a fair coexistence order, which prevents the inhuman and immoral, as well as constantly, dominance of the powerful over the weak.

On behalf of our constituent primary power and relying in the authority of the aristocracy of knowledge, we establish a political cyberspace entity, known as Telecivitas, with sovereignty in all subjects, which in the present or the future, are characteristically from cyberspace, and legitimate in, pursuant to the purpose of the effectiveness of the Human Rights in Cyberspace, expressed in the Cyberspace Bill of Rights, and towards a knowledge society with human face, which raises not only material welfare, but also and specially, the moral dignity of the human person.

Therefore, we establish a fair coexistence cyberspace order, through the Cyberspace Bill of Rights and the present,

CYBERSPACE CONSTITUTION

PRELIMINARY TITLE

Article 1. Cyberspace Constitution.

Cyberspace, as a metaspace, sets up in a no territorial entity, known as Telecivitas, and all the residents of Earth are its population and its sovereignty extends to all characteristically subjects from cyberspace.

Article 2. Cyberspace Bill of Rights.

All residents of cyberspace enjoy the fundamental rights established on the Cyberspace Bill of Rights from October the 6th 2008, which is incorporated as Annex to this Cyberspace Constitution and is part of this supreme Constitutional law.

TITLE I: ON THE TELECIVITAS

Article 3. Telecivitas Formation.

  1. All residents of Earth are the population of the Telecivitas, but cyberspace citizenship and the consequent exercise of political rights belongs to all the persons who live regularly and legally in Free Territories and, consequently, shall enjoy their cyberspace citizenship, without interferences from territorial powers which are not committed with cyberspace freedom.
  2. Free Territories are all democratic States governed by the rule of law, respectful of Human Rights, with plenty international subjectivity, and that formally accept the supremacy of the Cyberspace Constitution and the Cyberspace Bill of Rights regarding their own political and territorial Constitution, International Agreements, and whichever other legal constituent instruments or resulting from it, and which effectively accomplish with this Constitution and Cyberspace Bill of Rights.
  3. Telecivitas sovereignty is characteristically from cyberspace so it shall exercise its sovereign powers in that sphere, without accepting as legitimate the interference of any territorial jurisdictional, even in the case that a territorial jurisdiction has not been recognized as Free Territory or requested to be one.

Article 4. Free Territories integration into Telecivitas.

  1. The States or sovereign territories that apply to be recognized as Free Territories, shall give their request to Telecivitas Presidency. The House of Control, in a majority number, shall decide about such request, considering the previous inform from the Legal Consultive Council of Cyberspace. In case of a denying resolution, it must fulfil the provisions considered in the Cyberspace Constitution and shall express concretely the causes of such refusal. The sovereign territory which recognition was denied, shall appeal the constitutionality of the resolution before the Supreme Court from Telecivitas. As well, it may request for the recognition again, when it has effectively settled the causes of deny.
  2. For the effectiveness recognition as a Free Territory, so it can be part of Telecivitas, in the State or sovereign territory, a referendum must be celebrated and voted affirmatively in which every person with regular and legal residence in that territory can participate. If a Free Territory wish to disassociate from Telecivitas, equally as a requirement, a referendum must be called and voted affirmatively.

Article 5. Telecivitas Head Office.

Telecivitas, as a no territorial entity, has its head office in cyberspace and its bodies shall establish and act in this cyberspace head office through global telecommunication networks. However, Telecivitas bodies can also establish and act in a medial territorial State which eventually can be created in order to preserve Telecivitas autonomy and independence, and also in the Free Territories concerned in article 3.2, only if it is guaranteed the absolute autonomy and independence of the Telecivitas.

Article 6. Telecivitas sovereign powers.

  1. Telecivitas has sovereign powers in the next subjects:
  2. a) Human Rights safeguard in Cyberspace.
  3. b) Global telecommunications and especially the Internet.
  4. c) Personal data protection and communications privacy.
  5. d) E-commerce and obligations regime, particularly civil, commercial and labor ones, in cyberspace.
  6. e) Taxation of economic transactions in cyberspace.
  7. f) Financial economy in its maximun range. Financial entities and transactions, money and value-titles.
  8. g) Global crime and crimes committed in cyberspace.
  9. h) Intangible properties in cyberspace.
  10. Telecivitas is also sovereign in all other subjects which are caracterisically from cyberspace and shall be incorporated afterwards in this Constitution under the procedures established in it.

Article 7. Telecivitas official languages.

  1. Telecivitas official languages shall be the official languages of those Free Territories which initially constituted it and of those integrated lately, which serves as a linking language for more than three hundred million people.
  2. Co-legislative Houses shall endeavour to extend Telecivitas official languages from other Free Territories which have linking languages for more than a hundred million people.
  3. Telecivitas consideres linguistic and cultural diversity as one of the greatest World Heritages, so it, always with a rational criteria, shall encourage the use of more languages in its midst, even when those languages are not considered as official inside Telecivitas.

Article 8. Telematic organization of Telecivitas.

Telecivitas ordinary functioning procedures shall be telematic, to those effects, teleconference and online conference call systems and other procedures or processes of such a kind may be carried out in safe digital environments. All this, in spite of using no telematic procedures or systems, when it is deemed appropriate.

TITLE II: TELECIVITAS POWERS

Article 9. Telecivitas Sovereign Powers.

  1. Telecivitas sovereign powers are:
  2. a) The House of Representatives.
  3. b) The Knowledge House.
  4. c) The House of Control.
  5. d) The Supreme Court.
  6. e) The Presidency.
  7. f) The Cabinet.
  8. The ordinary Legislative Power is entrusted to two co-legislative houses, the House of Representatives and the Knowledge House. The House of Control shall exercise this function over the Executive Power and the others Telecivitas powers. The Judicial Power, which culminates in the Supreme Court, is a diffuse power residing in all the courts and the Executive Power is exercised by the Presidency assisted by the Cabinet.

Article  10.  House of Representatives and House of Control election.

  1. Both, the House of Representatives and the House of Control, which respond to the democratic principle, shall be elected for a period of four years by all persons over the age of eighteen years with legal and habitual residence in Free Territories, through universal, equal, free, direct and secret suffrage expressed electronically from the place where the telecitizens decide to cast their vote.
  2. The members of the House of Representatives and the House of Control shall be elected in single-member constituencies, set up by Free Territories, where the choice of the corresponding members shall take place, as set in the Law of Cyberspace.
  3. While Free Territories which integrate Telecivitas do not join more than half a billion residents, each one of the Houses shall be of fifty members, which will be distributed in proportion to the number of inhabitants of each Free Territory, under the terms established by the Law of Cyberspace. When Free Territories exceed the mentioned number of inhabitants, the members of the Legislative and Control Houses shall become one per ten million residents or fraction. In each Free Territory that has more than one million residents shall be elected, as a minimum, a member of the House of Representatives and another of the House of Control. In other cases, its population shall be integrated into the census of another Free Territory, on the terms established by the House of Control.

Article 11. The Knowledge House.

  1. The Knowledge House, belonging to the characteristically aristocratic principle of the knowledge society, shall have the same number of members as the House of Representatives and the House of Control and shall be also identical in number of them for each of the Free Territories. However, if the veto referred to in number 4 of this article happens, the new appointments shall not occur until the following renewal of the House.
  2. Its members shall be appointed among specialists of recognized prestige in knowledge society and information technologies, scientists, entrepreneurs, inventors and people who have excelled in the development of useful arts for the material or spiritual progress of Mankind. Their term shall last until their resignation or retirement, to be produced at the age of sixty-eight, extended their term of office until the end of the legislature.
  3. Their appointment shall be made in each Free Territory by a Conference of University Presidents integrated by the Presidents of existing universities in the corresponding territory, in terms which may be established by the Law of Cyberspace and according to the criteria of excellence. The appointment of the members of the House of Knowledge may be done fifteen days before the election to the House of Representatives and the House of Control inbounds.
  4. The outgoing House of Control, the day prior to these elections at the latest, shall made a preventive control about the suitability of the designated members. To this end, the proposal for each of the members of the House of Knowledge, shall go with a brief curriculum vitae between a thousand and four thousand and five hundred words. The outgoing House of Control may forbid a maximum of twenty percent of the designated members because of notorious breach of the provisions of paragraph two of this article. Such vetoes shall be communicated the day after and in a reasoned way to those affected members.
  5. The banned candidates may appeal the veto before the Supreme Court of the Telecivitas in a period of four calendar days and the Supreme Court will decide so in a preferred, streamlined and non-appealable way, at least three calendar days before the date set for the election of the Houses.

Article 12. The Telecivitas Supreme Court.

  1. The Supreme Court is the superior jurisdictional authority in all aspects, including constitutional guarantees. No one may raise conflict of jurisdiction or question of competence to the Telecivitas Supreme Court, which shall always be the last stage, except for provisions established on article 27.3 of the Constitution.
  2. The Supreme Court is compound of twelve members, all of them lawyers with accredited competency, who will remain in their role until they reach the age of retirement, which is set at the age of seventy years. Six of them will be appointed by the House of Control, two by the House of Knowledge, two by the House of Representatives and two by the Cabinet. Vacancies that may occur shall be covered by the body that appointed the resigned Judge.
  3. The Supreme Court shall assume the role of a Court which shall guarantee the Cyberspace Human Rights established in article 20 of the Cyberspace Bill of Rights, in single or last instance, as it is stipulated by Cyberspace Law.

Article 13. Telecivitas President.

  1. The candidates proposal for the Telecivitas Presidency can be carried out by one-fifth of the members of the House of Representatives, or identical proportion of the members of the House of Knowledge, in extraordinary session which shall be held between twenty-five and thirty calendar days, counted from the constitutive session of both Houses and among applicants who are proposing themselves for the charge in this constitutive session. Proponents of a candidate for President shall be automatically disabled for proposing another candidate for the same election.
  2. Telecivitas President shall be choosed in a joint session of both co-legislative
    Houses, which shall be held between five and ten days after the session in which the proposal was made. The proposed candidates will present his Government’s program in the maximum time of one hour and a half and should answer the questions formulated by the other candidates, in shifts of question-answer, with a maximum of three questions per candidate and five minutes per answer. Then the election shall proceed to the first vote round and the two top candidates shall go to a second vote round. In case of tie new votes shall be held to solve it.
  3. With the appointment of a new President, the former President shall stop in his charge as well as all the Cabinet. No Telecivitas President shall stay more than two terms successively nor three discontinuously.

Article 14. The Cabinet.

The Cabinet shall be integrated by the President and twelve Ministers designated by him, in such a way that one third of Ministers have the status of members of the House of Representatives, another third of members of the House of Knowledge, and the remaining third shall be appointees of the Presidency.

Article 15. Ineligibility and incompatibility

  1. No person who has been a member of the House of Control or the Supreme Court, may be a member of the House of Representatives or of the Cabinet, nor vice versa. The members of the House of Control and the Supreme Court may not play posts at any time in any other organizations that depend directly or indirectly from Telecivitas, or belonging or undergo the discipline of any political party during his term. This ban shall also apply to members of the Judicial Power.
  2. The violation of these rules shall result in the removal from the charge by the Telecivitas Supreme Court, in spite of other responsibilities that may be incurred.

TITLE III: LEGISLATIVE POWER

Article 16. Colegislative Houses and its function in Telecivitas.

The Legislative Power is bicameral and corresponds to the House of Representatives which embodies the democratic principle and the House of Knowledge, which belongs to the aristocratic principle characteristically inside the society of information and knowledge.

Article 17. Legislative Initiative.

The legislative initiative shall belong to:

  1. One-fifth of the members of the House of Representatives.
  2. One-fifth of the members of the House of Knowledge.
  3. 2% of the Electoral Body of each Free Territory. The electronic exercise of popular legislative initiative shall be facilitated.
  4. The Cabinet.

Article 18. Ordinary Legislative Procedure.

  1. The articulated text that reflects the legislative initiative shall be sent to the House of Control, which shall check the regularity of the initiative and shall submit it to public information for a period of three months, which may be exercised by telematic mechanisms. In the event that there is urgency duly motivated in processing, the period open to the public participation shall be reduced to one month. The House of Control, through the Commission of Transparency and Citizen Participation, shall guarantee that the citizens proposals are public and easily accessible. The proponents shall draw up the final text of the Project, from the civic contributions, and amendments proposed by the Legal Advisory Board, together with its own legal drafting comments.
  2. The Bill shall be processed in the House of Representatives, where it shall undergo process of amendment and voting, by the proceedings laid down in the rules of procedure of the House. The resulting text shall follow the same proceedings in the House of Knowledge, also in accordance with the provisions of its rules of procedure. The amendments approved by this latest House shall undergo deliberation and final vote, which shall be held in a joint session of the plenary of the Legislative Power, consisting of all the members of both co-legislative Houses.
  3. The legislative process shall follow the procedure laid down in this article, with the only exception of the special legislative proceedings expressly provided for in the Cyberspace Constitution.

Article 19. Special legislative procedure for constitutional laws.

This Constitution may be amended by constitutional laws, whose procedure shall have the following exceptions to the general legislative procedure: the majority required for the adoption of constitutional laws shall be three-fifths in all votes and the text approved by co-legislative Houses shall submit to referendum from the Electoral Body, which shall be decided by majority. All the Free Territories integrated in Telecivitas shall be enforced, even in the case that some of them had not reached that majority.

Article 20. Proceedings for the annual budget law.

The legislative initiative of the annual Budget Law shall correspond exclusively to the Cabinet, which shall fit to their specific field, without power in matters of ordinary law, nor tax matters and its approval shall be tricameral, in such a way that once the procedure of article 18.2 has been produced, the Bill shall continue on its course in the House of Control. The amendments adopted by this House shall discuss and vote on joint session of the three houses.

TITLE IV: EXECUTIVE POWER

Article 21. Holders of the Executive Power.

The Executive Power shall be exercised by the President, assited by the Cabinet, whose members, called Ministers, shall be assigned as head of a particular Department by the President.

Article 22. Functions of the President of the Telecivitas.

The President of the Telecivitas shall have the following functions:

(a) To appoint and separate the members of the Cabinet, as well as direct and coordinate the action of them, with the only limitation of the provisions in the Constitution and in the Law of Cyberspace, which in no case, may harm the principle of separation of powers.

(b) To punish and enact laws and ordering their official publication. The President may propose to the co-legislative Houses, only once, the reconsideration of all of what he considers appropriate. The Cameras shall deliberate and hopelessly resolve on such a proposal in a joint session. Laws shall be officially published after fifteen days, even if those same laws have not been sanctioned or enacted by the President.

(c) Supreme representation of the Telecivitas and signing agreements with other Sovereign Entities.

(d) All the executive powers that have not been attributed to the Cabinet or its members.

(e) All other functions provided to it under the Law of Cyberspace.

(f) Two months before the end of the term of office of the Houses of Representatives, Control and Knowledge, the President shall call elections for the first two of them, which shall be held at the same time, fifteen days before the exhaustion of such a mandate, which shall be the day in which four years had been passed from its constituent session, which shall always be simultaneous. It shall also open the term so that the Conference of University Presidents may come to complete the composition of the House of Knowledge. The term of office of the old houses shall expire at the same time in the new houses initiate their constitution.

Article 23. Cabinet functions.

The Cabinet shall have the following functions:

(a) Discussing all those issues proposed by the President and support him in all the decisions within their competence.

(b) To promulgate and order the publication of executive Regulations of the Law of Cyberspace and, according to the normative hierarchy, without the existence of provisions of less range than them.

(c) The Cabinet may also enact Legislative Regulations, which shall have the range of Law of Cyberspace, in the case of an extraordinary and urgent need. Its validity shall be provisional and they shall be processed as a project of Law of Cyberspace, by the ordinary procedure.

(d) The Cabinet shall also have all those functions provided to it under the Law of Cyberspace.

Article 24. Cyberspace Government and Public Service.

  1. The Cyberspace Government shall depend on the Executive Power, which shall be determined, by the Law of Cyberspace, both its organization and operation, as the Statute of the Cyberspace Civil Service, based on the principle of administrative simplification and Scales of the Civil Service.
  2. The Civil Service shall be one, with a uniform Statute for all the Telecivitas; but officials who provide their services in the Judicial Power or other bodies and powers of the Telecivitas, different from the Executive Power, shall have unique functional dependence thereof, and in any case they might not harm the principle of separation of powers, nor the independence and security of the Judiciary members.
  3. Civil service, in all its orders, shall be governed by the aristocratic principle of merit and ability, both in the selective processes and provision of jobs. In the Constitutional bodies of the Telecivitas there shall be a quota of free designations, in the case of advisors of their Presidents and Ministers of the Cabinet, and them may appoint also freely a second level of senior officials, all in the terms established, with restrictive nature, by the Law of Cyberspace. All other positions shall be hold by professional officers.

TITLE V: ON JUDICIAL POWER

Article 25. Bodies of the Judicial Power.

The Judicial Power, with the Supreme Court at its top, shall be exercised by the following Courts:

  1. a) Central Court of the Telecivitas, which shall be composed of Magistrates grouped in courtrooms specialized in each of the sovereign powers of the Telecivitas, defined in article 5 of the present Constitution, currently at number of eight.
  2. b) Courts of the Telecivitas, also specialized in each one of the sovereign powers of the Telecivitas.
  3. c) Courts of the Cyberspace of Free Territories, with functions of judicial assistance and those others functions entrust by the Procedural Law of Cyberspace.

Article 26. Jurisdiction and Competency of the Bodies of the Judicial Power.

  1. The Jurisdiction and competency of the bodies of the Judicial Power shall be determined by the Procedural Law of Cyberspace, through a Procedure that shall be developed, as far as possible, by electronic means and in multimedia environments.
  2. The Procedural Law of Cyberspace shall assign the competencies of first stage of proceedings to the Courts of the Telecivitas and only when it will be strictly necessary to the Territorial Courts of Cyberspace. First stage competencies shall correspond to the Central Court of the Telecivitas in those matters in which the Law of Cyberspace consider that it is required, due to their importance, of a collegiate decision.
  3. The Central Court of the Telecivitas shall have functions of appeal court, related to all the decisions of the Courts, and where appropriate, also of the Telecivitas and Territorial Courts.

Article 27. Jurisdiction and competency of the Supreme Court of the Telecivitas.

  1. The Supreme Court shall have all those skills that this Constitution and the Law of Cyberspace assign to it.
  2. The fundamental mission of the Supreme Court is to generate jurisprudence, especially in constitutional matters.
  3. The Supreme Court shall also be the highest governmental body of the Judicial Power, with the exception of the Inspector role of Courts and Tribunals, which shall correspond to the Control House, through the Committee of Control of the Legislative, Judicial and Federative Powers. The Supreme Court, in the exercise of its governmental powers, is submitted to the control of last resort, of the Legal Council Advisor of Cyberspace, which shall act in jurisdictional functions of single instance.

Article 28. Regulations applied to the Jurisdiction of Cyberspace.

The following standards shall be applied to the Jurisdiction of Cyberspace, in a hierarchical order:

  1. Constitution and Bill of Rights of Cyberspace.
  2. Cyberspace Law.
  3. Jurisprudence of Telecivitas Supreme Court, and regulations issued in the exercise of their governmental functions.
  4. Regulatory decisions of the Cabinet.
  5. Procedural order of the Free Territory in which the Court of instance has its see.
  6. The General Principles of the Law shall be applied in the absence of the previous rules, spite of its informant character and structurally logic of the cyberspace law, relevant for its integration, interpretation and application.

Article 29. Arbitration Courts of Cyberspace.

  1. The Law of Cyberspace shall facilitate the establishment and running of the Arbitration Courts of Cyberspace that, under the principles of self-regulation within a framework of hetero-regulation, which is the characteristic of the Cyberspace Bill of Rights and the principle of participation, inherent to the present Constitution, shall be those who take care of solving, on a preferential basis, both disputes between private individuals in matters of the Telecivitas competency, and even issues of administrative order, with the single exception of criminal matters and those others which are considered to be of public order.
  2. Arbitration awards have a validity presumption, with the consequent executive and enforceable character. The Court with competency in the territory in which the award would be brought to effect is responsible for its implementation. Challenges of awards are only accepted for processing, by unanimous decision of the courtroom of the Central Telecivitas Court, which shall decide about its competencies.
  3. Arbitration procedures, as well as Judicial Courts procedures, shall be developed, as far as it is possible, by electronic means in multimedia environments.

TITLE VI: ON THE POPULAR CONTROL POWER.

Article 30. Fundamental principle of citizenship participation.

  1. The constituent power of cyberspace belongs to all the inhabitants of the Earth and the role of the present Constitution grants to all the citizens of the Free Territories, understood as usual legal residents in them, due exclusively to the need to avoid interference in the exercise of the sovereignty of cyberspace, from non-free territories.
  2. The ideal of a universal cyber-citizenship present both in this Constitution and in the Cyberspace Bill of Rights, as well as the idea of self-regulation within a framework of hetero-regulation, also present in both instruments, imposes the need to give the maximum relevance to participation of the citizenship, without demagogic whims and compatible with a coherent political action, which must be promoted by all the instances of the Telecivitas, specially by the House of Control.

Article 31. Regular exercise of the Popular Control Power.

  1. The regular exercise of the popular control power, shall be exercised through the House of Control, which shall adopt its rules of operation, autonomously. This House includes all the functions of parliamentary control of the Executive power and other powers of the Telecivitas, which must respond to it in a way consistent with their institutional purpose. The function of the House of Representatives and the House of Knowledge is strictly legislative, and they can not interfere in the activity of control.
  2. The House of Control, by a majority of three-fifths, can dismiss Ministers, who shall be disabled for this post for the duration of the legislature. By a majority of two-thirds the House of Control can dismiss the President of the Telecivitas, which shall be replaced, to the term of office, by co-legislative houses, who shall meet urgently to apply extraordinary way the procedure laid down in article 13 of the Constitution.

Article 32. Plenipotentiary and ordinary commissions of the House of Control.

  1. The House of Control shall be organized in committees, which may be ordinary and plenipotentiary. The plenipotentiary committees shall have the competencies assigned to them by the Rules of the House and their decisions shall be executive, unless a legitimate party challenge them before the Presidium of the House, which shall decide on its suspension and admission to the plenary, which shall act by a majority of three-fifths. Ordinary commissions add up their proposals to the plenary, acting by majority, even though they may have autonomous decision-making power, in the terms established by the Rules of the House.
  2. The House of Control shall have the following plenipotentiary commissions:
  3. a) Cyberspace Ombudsman.
  4. b) The Controller of the Cyberspace, whose members must be graduates in economics or auditors.
  1. c) The Legal Council Advisor of Cyberspace, whose members shall necessarily be Jurists.
  2. The House of Control shall have the following ordinary commissions:
  3. a) Committee of Control of the Executive Power.
  4. b) Commission of Control of the Legislative, Judicial y Federative Powers.
  5. c) Commission for Transparency and Citizenship Participation.
  6. d) Those other ordinary commissions established by the Rules of the House, in a maximum number of ten.

Article 33. Assignment to committees of the House of Control members.

  1. All the members of the House of Control shall be assigned to one and only one of the commissions. At the constituent meeting of the House, all members shall be required to apply for the assignment to one and only one of the commissions. When applicants are in a number equal to or less than the minimum number of members of the Commission, which shall be the integer result of dividing the number of members of the House by the number of commissions, they shall be assigned to the Commission automatically and when exceeded, it shall be solved by vote of the plenary.
  2. The members of the House of Control which are not assigned to the selected Committee, shall request their allegiance to one of the commissions with vacancies and the procedure established in the paragraph above, until complete the composition of all committees. If only a rest of members of the House are not attached, plenary shall decide on the Commission that integrates, ensuring a balanced composition between them.
  3. All the cases not foreseen by the present Cyberspace Constitution, in terms of integration and functions of the Plenipotentiality Committees, shall be resolved by the Rules of the House of Control.

TITLE VII: ON THE FEDERATIVE POWER

Article 34. Telecivitas relations with subjects of international law and other entities.

  1. The Telecivitas has its own legal personality, so it may celebrate all kinds of Agreements with States and other subjects of International Law, which should be ratified at a joint meeting of the co-legislative houses. Such treaties shall have range of Cyberspace Law, for the internal purposes of the Telecivitas.
  2. The Telecivitas may also establish other agreements with bodies that do not have the consideration of subjects of International Law, which shall be, to the domestic effects of the same Telecivitas range of Cyberspace Law. Such conventions will remain identical procedure of approval to the Treaty, but shall require the prior authorization and the final ratification of the House of Control.
  3. When treaties or agreements are established with bodies that may not have the constitutional consideration of Free Territories, they should receive an observer status, with the effects provided for in the Treaty or Convention, and without contravening the present Constitution in any case.
  4. When the treaties are celebrated by the Federation of the Telecivitas with sovereign entities or other subjects of International Law, the procedure for their ratification shall be the same as the special constitutional laws.

ADDITIONAL PROVISION

Unique. Incorporation of Free Territories to the Telecivitas.

When a Free Territory is incorporated into the previously created Telecivitas, and it remains more than one year for a new electoral process, the Parliament of that Territory shall send observers to the House of Representatives and the House of Control, in a number of one for every ten million inhabitants or fraction of these territory and the same thing will be done by the Conference of University Presidents of that country, in the case of the House of Knowledge. Such observers shall have voice but not vote, in the House and they shall have, moreover, the same status as its members, without affecting them the ineligibility and incompatibility of these members.

TRANSITIONAL PROVISIONS

First. Provisional organisation of the Telecivitas.

During the constituent process of the Telecivitas, the bodies shall be established, within the International Convention of Cyber Law, through the International Centre of Informatics and Law, which are homonyms of the organs of sovereignty of the Telecivitas and shall exercise the powers laid down in the Constitution of Cyberspace for these bodies, as a provisional basis and to the necessary extent to guarantee the establishment, and operation of its homonym bodies. In the moment of its constitution, provisional bodies shall finish its activity, at the purpose of the bodies of the Telecivitas could rule the competencies they have attributed by the Constitution.

Second. Finances of the Telecivitas.

The Free Territories shall ensure the Telecivitas financial autonomy, until it can enforce its own financial mechanisms, initially by means of its taxation power on economic transactions in cyberspace.

FINAL PROVISION

Unique. Entry into force of the Cyberspace Constitution.

The Cyberspace Constitution and its annex, the Cyberspace Bill of Rights, shall enter into force when at least two States requested the International Convention of Cyber Law, through the International Centre of Informatics and Law, its recognition as a Free Territories. Once granted this recognition and voted affirmatively on the corresponding referendum, it shall start the Telecivitas, initiating the procedure of election and designation of their Houses. At the same time of its recognition as a Free Territory, the State shall lost its sovereign powers which constitutionally belong to the Telecivitas.

Texto traducido por Laura Coronado Contreras