Here's something U.S. Trade Rep. Katherine Tai said, at an Atlantic Council event yesterday, about pulling back on the formulation of international digital trade rules:
Isn't it time for us to hit pause on this, come back, reconnect with all of the other policy silos, break them down, talk to our Congress, talk to our industry, the bigs and also the littles, the companies and also the workers, the platforms and also the creative content producers, and try to get our arms around what is actually happening here and what is in the public interest, because that is not the question that has informed the proposals that we've developed over time. So what I would say is, for all of those who are yearning for a leadership from the executive branch and USTR to tell everybody else what the answer is, my argument is the real leadership is in stepping back and saying, this is not an answer that is going to come from USTR alone. And that if that's what you're looking for, a USTR-led answer to how we should be regulating tech and data, that is not going to be the right answer. This is, again, a project for our collective wisdom, and it's only once we've achieved that wisdom, first here in the United States, and then with our trading partners, are we actually going to be assured of any kind of success that the world order we're creating that has rules for digital trade and technology is going to support economic opportunity for working people and democracy.
Let me offer two thoughts on this.
First, I do think the Biden administration needs to come up with a position on digital trade policies, including data flows obligations and exceptions, that can be put forward in international discussions. Most other governments have a position; it should be possible for the U.S. to have one too. There is lots of scope for playing around with language to develop a balance that everyone can live with, so maybe all the agencies with an interest in this should put forward their proposal, argue it out, talk it over with people in Congress, and then have someone in the White House make the final call.
Second, in terms of who exactly should take the lead on this, I think I agree with Tai, if I understand her correctly, that USTR may not be the best positioned to lead on this policy. In this regard, I have been wondering recently if we need a dedicated tech agency or office to lead on matters like this. I don't have strong feelings about where exactly in the federal government this tech expertise should be located, but it seems like it might be a good idea to have this sort of thing somewhere.