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

[David Snead]

While we're not advancing this issue, and it's not in our NAFTA comments, I
know that other tech organizations may include it in theirs.

We would likely support this in principle, since it meshes with our general
position that the courts in one jurisdiction should not have the ability to
issue orders that have global effect.  Our members are likely to look at
this issue through the same lens as they look at issues relating to access
to data and IP enforcement:  a baseline standard is desirable with
countries working out how to create policies that can be successfully
implemented in their jurisdiction.

David Snead
Board Chair, Chair Public Policy Working Group, Co-founder
Internet Infrastructure Coalition / I2Coalition
i2Coalition.com

On Fri, Jun 9, 2017 at 3:08 PM, Jeremy Malcolm <jmalcolm at eff.org> wrote:

> 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 Foundationhttps://eff.orgjmalcolm@eff.org
>
> Tel: 415.436.9333 ext 161 <(415)%20436-9333>
>
> :: Defending Your Rights in the Digital World ::
>
> Public key: https://www.eff.org/files/2016/11/27/key_jmalcolm.txt
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>
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