SIIA Urges U.S. Trade Representative to Promote Digital Trade & Protect Intellectual Property in the New Services Agreement Negotiations

SIIA filed comments today with the United States Trade Representative (USTR) urging the agency to use the negotiations for a new International Services Agreement to lower barriers to trade in digital services and to maintain a high degree of intellectual property protection and enforcement.

Sustainable growth in the 21st century economy relies upon the unrestricted flow of information and data. Our domestic online information businesses reach across the globe, so removing barriers to the establishment and delivery of digital information services will enhance economic performance.  Digital information products and services can reach far broader audiences to spur further innovation, prepare workers for 21st century jobs, and bring greater understanding that fosters better decision-making.

In our comments submitted today, SIIA urged USTR to establish two principles in the services agreement:

  • Cross-Border Information Flows: Governments should not prevent businesses that supply services in other countries, or customers of those suppliers, from electronically transferring information domestically or across borders, accessing publicly available information, or accessing their own information stored in other countries.
  • Local Infrastructure: Governments should not require ICT service suppliers to use local infrastructure, or establish a local presence, as a condition of supplying services.

Strong IP protections for software and digital content have been an essential element in fostering explosive technology growth and a wider variety of educational materials and information products that increase productivity, effectiveness and knowledge.  Trade agreements must not take steps backward from high standards for the protection and enforcement of intellectual property rights.


Mark MacCarthy, Vice President, Public Policy at SIIA, directs SIIA’s public policy initiatives in the areas of intellectual property enforcement, information privacy, cybersecurity, cloud computing and the promotion of educational technology. Follow the SIIA Public Policy team on Twitter at @SIIAPolicy