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

[susan aaronson]

I read the EFF piece on this, but I don't think the IA recommendation 
effectively addresses the problem.  Moreover, these countries can use 
their trade agreement exceptions to justify their behavior. Can we try 
to improve the IA recommendationtion for NAFTA to make it clearer?

Also, Monday is the last day to submit testimony and/or written comments 
on NAFTA. YOu can go to this site.

ttps://www.federalregister.gov/documents/2017/05/23/2017-10603/request-for-comments-on-negotiating-objectives-regarding-modernization-of-the-north-american-free#open-comment


On 6/9/2017 3:08 PM, Jeremy Malcolm 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 Foundation
> https://eff.org
> jmalcolm at eff.org
>
> Tel: 415.436.9333 ext 161
>
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-- 

Susan Ariel Aaronson, Ph.D.
Research Professor of International Affairs, Institute of International Economic Policy
GWU Cross Disciplinary Fellow and Cavalho Fellow, Government Accountability Project

Elliott School of International Affairs, George Washington University
http://www.gwu.edu/~elliott/faculty/aaronson.cfm

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