Reversal of US Trade Policy Threatens the Free and Open Internet

Jennifer Brody is Deputy Director of Policy and Advocacy for Technology and Democracy at Freedom House. Allie Funk is Research Director for Technology and Democracy. US Trade Representative Katherine Tai at an event in Riga, Latvia, June 2023. Shutterstock A surprising reversal of long-standing US policy is slipping under the radar. The US government has long advocated for cross-border data flows, which are foundational for the global internet to function and help facilitate the protection of human rights. However, in late October, the US Trade Representative (USTR), Katherine Tai, dropped support for these provisions, taking by surprise many people in government, civil society, and the private sector.  The abrupt policy pivot took place at the World Trade Organization (WTO) amid negotiations for the Joint Statement Initiative on E-Commerce. The need to create policy space for Congress and other bodies to regulate major tech firms is one explanation justifying the decision. But limiting cross-border data flows will likely do little to achieve this aim. It instead risks further fragmenting the global internet, emboldening authoritarian governments and their aspiring counterparts, and violating rights around the world. Particularly for people living in countries that already have data localization requirements, the impact on human rights is grave.   The US should instead wield its influence at the WTO to preserve cross-border data flows and demonstrate the myriad of alternative ways to regulate the private sector while protecting the free and open internet.   Ceding to the authoritarian model of cyber sovereignty  This sudden reversal of US…Reversal of US Trade Policy Threatens the Free and Open Internet