Lower Data Flow Barriers, No IANA Unwind Seen Topping NTIA Global To-Do List
From lowered barriers to cross-border data flows to opposition of extraterritorial application of other nations' privacy laws, NTIA saw a slew of recommendations in response to its notice of inquiry on what should be its international internet priorities. Comments due Tuesday were posted Friday. Many saw no need to unwind the moving of IANA functions from NTIA to global stakeholders. The unwinding would signal that governments alone should govern the internet -- "a dangerous proposition that incentivizes those who fear the internet's transformative power" and could lead to countries building closed networks operating independently of ICANN, Google said.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
There was some support for ensuring access to the Whois system -- access seemingly tightened by the EU's general data protection regulation. That system is "a key tool in the ongoing fight against cybercrime, malicious actors and intellectual property infringement," AT&T said.
Too many nations are putting up barriers to international data flows by requiring a data center or physical presence in a jurisdiction to operate, plus restrictions on how data can be transferred internationally, said the U.S. Chamber of Commerce. The Internet Commerce Association said there should be restructuring of the ICANN multistakeholder model by having .com registry operation separate from operation of the root zone management functions, rather than Verisign doing both.
NTIA should advocate that regulations about removal of user content from cloud services are transparent and that governments clearly define what constitutes illegal content and the types of services that need to remove it, Microsoft said. The U.S. government needs to work with other countries on promoting digitization of small and medium enterprises and developing interoperable and nondiscriminatory regulatory frameworks and standards on digital issues, Google said. It recommended expansion of the Commerce Department's Digital Attache Program.
NTIA should seek commitments from other countries on refraining from adopting rules forcing enterprises to store data locally, said BSA|The Software Alliance. It said the administration should urge foreign governments to respect the limits of their jurisdiction when regulating lawful online communications or commerce, using a strong presumption against extraterritorial application of laws. It urged the administration to work with U.S. allies and key trading partners on coordinated responses to cybersecurity threats and to support developing means to facilitate cross-border data transfers.
NTIA should promote privacy frameworks that revolve around company self-regulation and that privacy rules need to be consistent across the global digital ecosystem instead of applying just to certain technologies, data classes or providers, AT&T said. The Computer & Communications Industry Association said NTIA should encourage other countries' policies on filtering and blocking of online content to be applied equally to both domestic and foreign websites, and that such restrictions comply with World Trade Organization principles for transparency and necessity. CCIA said NTIA should advocate for copyright limitations and exceptions such as fair use when it comes to foreign nations and against unreasonable regulatory restrictions on rich internet applications.
Citing FCC 2017 Title II Communications Act broadband-service rollback as "undermin[ing] freedom of expression online," Consumers Union said NTIA should encourage companies including ISPs to not restrict consumer access online. CU said such company pledges wouldn't have the same teeth as the previous order. It said NTIA should push stronger manufacturer cybersecurity standards for connected products
The Software and Information Industry Association said cross-border data flows could be tackled through trade agreements. It backed cross-border data flow interoperability mechanisms between different privacy systems; privacy conversations that distinguish between business-to-business and business-to-consumer obligations; and a common approach to AI, blockchain and other emerging technologies. Verizon also sought compatible cybersecurity regimes globally, saying NTIA should accelerate its review of the 3.45-3.55 GHz band.
RIAA sees possible areas of breakdown at ICANN, noting "unacceptable delays" in implementing the DNS system. It said stakeholders no longer can come to consensus because of polarization.
Public Knowledge urged NTIA to try to guarantee "frictionless" information flows between democracies that have different standards of online free speech and engage in bilateral and multilateral forums to push against countries exercising extraterritorial jurisdiction in ways that could hurt the free flow of information. PK said NTIA should promote policies that let countries pursue legitimate policies like law enforcement without using data localization requirements. It warned about embedding intellectual property laws into free trade agreements without limits on secondary and intermediary liability. R Street Institute said NTIA's role in ICANN and its Government Advisory Committee should be to reduce the role of governments in internet governance, keeping GAC's role a solely advisory one.