Digital Trade

I did a series of posts recently on digital trade issues, and I have now consolidated them all into a short Cato paper. Here's the intro: National debates over policies that affect the flow of digital information are heating up as censorship, surveillance, control over personal data, and

In my last post, I talked about how USTR is continuing on with the Section 301 proceedings in several cases related to digital services taxes. In its announcement, USTR said: "In January, USTR found that the DSTs adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom were

On Friday, USTR announced its next steps in many of the Section 301 digital services tax cases: The United States Trade Representative (USTR) today announced the next steps in its Section 301 investigations of Digital Service Taxes (DSTs) adopted or under consideration by ten U.S. trading partners.  In January,

Non-discrimination guru Lothar Ehring had a comment on my last post on non-discrimination in digital trade agreements, raising an issue I hadn't noticed: By eliminating a comparison with domestic products, the wording of certain non-discrimination provisions perhaps steers the provisions away from nationality-based discrimination in an even broader

Following up on my earlier posts about exceptions in digital trade chapters/agreements, here's another issue in this same area (thanks to Thomas Streinz for bringing it to my attention). This is the USMCA cross-border transformation of information by electronic means obligation and exception: Article 19.11: Cross-Border

I did a couple posts recently on proposed exceptions language in the WTO e-commerce negotiations. My point there was to raise the issue of exceptions that are written in a way that could interfere with non-discriminatory measures that are designed to achieve legitimate public policies. "Necessary," in my

In my last post, I offered a quick take arguing that, in the context of the WTO e-commerce negotiations, governments should rethink necessity tests in exceptions clauses. I was hoping to make the point as broadly as possible, so I focused on the general exceptions clause in the consolidated e-commerce

The website bilaterals.org has posted the WTO E-Commerce consolidated negotiating text from December 2020. (This text is still officially restricted on the WTO website as far as I can see). I was intrigued by one of the formulations in the general exceptions provisions (see Annex I, section (6) on

Inside US Trade reports the following discussion of restrictions on TikTok and WeChat at a WTO Council for Trade in Services meeting last week: The U.S. violated World Trade Organization rules with its recently imposed restrictions on Chinese-owned social media platforms TikTok and WeChat, China argued on Friday in