[governance] Fwd: [latinoamericann] Fwd: The Role of the Trans-Pacific Partnership Agreement in the Internet Ecosystem: Uneasy Liaison or Synergistic Alliance?

[Deirdre Williams]

This may be of interest.
Deirdre

---------- Forwarded message ----------
From: Erick Iriarte Ahon <eiriarte at alfa-redi.org>
Date: 14 January 2017 at 00:28
Subject: [latinoamericann] Fwd: The Role of the Trans-Pacific Partnership
Agreement in the Internet Ecosystem: Uneasy Liaison or Synergistic Alliance?
To: LatinoamerICANN <latinoamericann at dgroups.org>
Cc: LatinoamerICANN <latinoamericann at dgroups.org>


FYI


The Role of the Trans-Pacific Partnership Agreement in the Internet
Ecosystem: Uneasy Liaison or Synergistic Alliance?





Neha Mishra

 University of Melbourne, Law School, Students



December 29, 2016



Journal of International Economic Law, Forthcoming





Abstract:



The Trans-Pacific Partnership Agreement (‘TPP’) is the first trade
agreement that comprehensively deals with contemporary policy issues in
digital trade. It introduces new disciplines on issues such as cross-border
data flows, online privacy, network neutrality, cybersecurity, regulation
of spam, and safe harbour protection for internet intermediaries. These
provisions are atypical of trade agreements, and are particularly
significant as they have a direct impact on internet policy. In this
article, I evaluate these new disciplines in the TPP to assess the extent
to which the TPP is suitably placed in the internet eco-system. After a
comprehensive legal assessment of these disciplines, I argue that the TPP
does not effectively fit into the broader internet ecosystem, as it fails
to synergize the goal of trade liberalization with important internet
policy concerns such as facilitating consumer trust and digital innovation.
However, despite its deficiencies, the TPP sets a new benchmark for rules
on digital trade, as its provisions address several contemporary issues in
the digital economy. Therefore, the provisions on digital trade within the
TPP will be instrumental in future negotiations at the World Trade
Organization (‘WTO’) and other regional bodies. More importantly, the TPP
is a reminder of the increasing significance of trade agreements in
influencing critical aspects of internet policy. Particularly, in
developing rules on digital trade that affect issues such as cross-border
data flows, online privacy and consumer protection, net neutrality and
cybersecurity, trade negotiators/lawyers need to comprehensively assess the
relevance of these rules in the liberalization of digital trade, and its
broader impact on the internet ecosystem.




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-- 
“The fundamental cure for poverty is not money but knowledge" Sir William
Arthur Lewis, Nobel Prize Economics, 1979
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