Professional Documents
Culture Documents
19usmca Chander
19usmca Chander
Georgetown University
CREATINGANORTH
AMERICAN DIGITAL FREE
TRADE ZONE
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Can the
internet
create a
digital free • Trade law can offer enforceable
trade zone mechanisms to reduce barriers to trade;
even where can also establish minimum protections
across borders.
there are
border walls
that constrain
people?
NAFTA, established 1994, offered national treatment
SERVICES
for services providers, with special provisions for
financial and telecommunications industries
IN TRADE
LAW
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Ecommerce: De-minimus thresholds raised
USMCA
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Deter Foreign
Surveillance
Data
Localization
Motivations Economic
Promote Development
through Import
Substitution
Local Law
Protect Enforcement
Access to Data
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• Data localization
• Financial Information: Data localization
with respect to financial services is subject
to somewhat different rules.
• Article 17.18 allows regulators to require
data localization if a business is unable to
provide them with access to data. The goal
is to balance the need for free flow of data
with the demands of regulators.
• Financial regulatory authorities must be
given “immediate, direct, complete, and
ongoing access to information processed or
stored on computing facilities that the
covered person uses or locates outside the
Party’s territory.” If an institution fails to
provide such access, authorities shall
provide “a reasonable opportunity to
remediate” before imposing a data
localization restriction on that institution.
USMCA
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USMCA
Ensure that suppliers are Require enforceable Limit governments’ Limit the civil liability of
not restricted in their consumer protections ability to require Internet platforms for
use of electronic and anti-SPAM rules. disclosure of proprietary third-party content that
authentication or computer source code such platforms host or
electronic signatures, and algorithms process, outside of the
thereby realm of intellectual
facilitating digital transac property enforcement,
tions. thereby enhancing the
economic viability of
these engines of growth
that depend on
user interaction and
user content.
Introduction of "algorithms" is Largely modeled on CDA Section
new. Protecting AI from 230, which is seen as critical to
industrial espionage. But the rise of US internet
concerns about legitimate needs enterprise
for algorithmic transparency.
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BENEFITS
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CULTURAL IMPACT: CANADIAN CONCERNS
OVER DOMINANCE OF US AUDIOVISUAL
MEDIA
COSTS
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