[DC-Trade] Interesting NAFTA proposal to limit global injunctions against Internet platforms

[Jeremy Malcolm]

The Internet Association is putting forward an interesting proposal for
NAFTA that would address cases like those from Canada, France, and
Austria (see
https://www.eff.org/deeplinks/2016/12/everybody-wants-rule-world-internet-jurisdiction-2016
and http://mobile.reuters.com/article/idUSL8N1IA21C) where a court has
issued an order purporting to require an Internet platform to globally
restrict content that is unlawful in one country.  The IA proposal at
https://internetassociation.org/wp-content/uploads/2017/06/Modernizing-NAFTA-White-Paper.pdf
calls for:

    Limits on global injunctions and non-party injunctions. The digital
    economy has developed in a legal environment where the United States
    has been free to develop and enforce its own laws regarding the
    internet, rather than allow other countries to dictate what U.S.
    businesses and citizens can do online. However, courts in some other
    countries, including Canada, have recently sought to control what
    U.S. companies can publish and access online on a global basis – by
    issuing non-party injunctions (so-called ‘global injunctions’)
    against U.S. companies.

EFF is also putting in a NAFTA proposal, but as of yet we don't have a
position on the IA's approach.  What do others think of this?

-- 
Jeremy Malcolm
Senior Global Policy Analyst
Electronic Frontier Foundation
https://eff.org
jmalcolm at eff.org

Tel: 415.436.9333 ext 161

:: Defending Your Rights in the Digital World ::

Public key: https://www.eff.org/files/2016/11/27/key_jmalcolm.txt
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