The U.S.-led digital trade world order is under attack–by the U.S.

The U.S.-led digital trade world order is under attack–by the U.S.

This year, America’s digital trade negotiator made a startling announcement at the World Trade Organization (WTO). The negotiator spoke at the behest of U.S. Trade Representative Ambassador Kathrine Tai. At the time, Congress and various U.S. regulatory agencies were considering new regulations for large tech companies, which meant that the U.S. would no longer support language at the WTO related to cross-border data flows. In the words of the Office of the U.S. Trade Representative (USTR), the U.S. now needs “policy space” to regulate the tech giants.

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Could a Global “Wicked Problems Agency” Incentivize Data Sharing?

Could a Global “Wicked Problems Agency” Incentivize Data Sharing?

Global data sharing could help solve “wicked” problems (problems such as climate change, terrorism and global poverty that no one knows how to solve without creating further problems). There is no one or best way to address wicked problems because they have many different causes and manifest in different contexts. By mixing vast troves of data, policy makers and researchers may find new insights and strategies to address these complex problems. National and international government agencies and large corporations generally control the use of such data, and the world has made little progress in encouraging cross-sectoral and international data sharing. This paper proposes a new international cloud-based organization, the “Wicked Problems Agency,” to catalyze both data sharing and data analysis in the interest of mitigating wicked problems. This organization would work to prod societal entities — firms, individuals, civil society groups and governments — to share and analyze various types of data. The Wicked Problems Agency could provide a practical example of how data sharing can yield both economic and public good benefits.

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Building trust in digital trade will require a rethink of trade policy-making

Building trust in digital trade will require a rethink of trade policy-making small

In 2019, Shinzo Abe, then Prime Minister of Japan, stated that if the world wanted to achieve the benefits of the data-driven economy, members of the World Trade Organization should find a common approach to combining ‘data free flow with trust’. However, he never explained what these rules should look like and how nations might find an internationally accepted approach to such rules. In this paper, I argue that trade policy-makers must pay closer attention to users’ concerns if they truly want to achieve ‘data free flow with trust’. I begin with an examination of what the most recent digital trade/ecommerce agreements say about trust and discuss whether they actually meet user concerns. Next, I turn to three different examples of online problems that users have expressed concerns about, namely internet shutdowns/censorship, disinformation, and ransomware, describing how these may yield both trade distortions and less trust online. I argue that policy-makers should address these issues if they believe trade agreements should build trust in cross-border data flows. Moreover, I argue how policy-makers respond to user concerns is as important as what they include in trade agreements. Finally, I note that trade negotiators will need to rethink how they involve the broad public in digital trade policy-making, while recognizing that trade policy agreements may not be the best place to address these problems.

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