Internet, Human Rights Interest Groups Split on TPP Data Flow Provisions

Representatives of Internet and human rights interest groups disagreed Wednesday whether the Trans-Pacific Partnership is overall a beneficial trade agreement, and debated its merits on cross-border data flows. Some Internet group members at a panel discussion at the George Washington University School of International Affairs praised the inclusion of measures in TPP on the international transfer of data, saying it offers new protections for that much-needed activity.

Mark MacCarthy, Software and Information Industry Association (SIIA) vice president-government affairs, said SIIA is "very pleased" with the data flow provisions, which he called a "clear step forward." Both businesses and human rights groups should "be delighted with the cross-border data provisions of TPP," he said. One of the biggest positives coming out of the Internet-related section of TPP is that it protects the transfer of data from one TPP country to another and requires countries to justify restrictions to the flow of information, MacCarthy said. If the only measures contained in the TPP were the ones addressing cross-border data flows, it could be considered a victory, he said. MacCarthy said portions of the agreement aren't explicit enough, but as a whole, TPP should be seen as a first step to include cross-border data flows in other trade agreements.

Peter Maybarduk, Public Citizen's director-Access to Medicines and Information Society program, said the TPP is not a net positive overall, and some of the text hasn't been adequately scrutinized. But Maybarduk said unless negotiations can be reopened, everyone will just have to deal with the current product if it's approved by Congress. He expressed concerns about using a trade agreement to set rules for Internet governance. "If we treat this as our process of Internet governance, [it's] a pretty big democratic failure," he said. "I think we need to understand the nature of what we are doing." Maybarduk also said it could be hard for businesses or countries to get through the narrow window of exceptions to data flow restrictions established by TPP. Human rights group representatives expressed concerns about the lack of transparency in the creation of the agreement and its various provisions.

Akamai Global Public Policy Director Sanford Reback said the company doesn't have a formal opinion on TPP, but generally sees the portions it's extensively reviewed as a step forward. "Digital trade is getting a big boost," he said. Reback called data localization and server localization "inefficient," saying that keeping data within a certain country doesn't really make it more secure. Reback said it's important to realize that not every provision each country desired made it into the final product. "No country got everything they wanted in this agreement," he said, also saying he can see the Obama administration pushing Congress hard to vote on the TPP before he leaves office.