Senators call on Biden to reverse decision by U.S. Trade Rep on ecommerce negotiations

U.S. Sens. Ron Wyden (D-OR) and Mike Crapo (R-ID) are among a group of senators calling on President Joe Biden to reverse a decision by the U.S. Trade Representative (USTR) to withdraw support for commitments in the e-commerce negotiations at the World Trade Organization (WTO).

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In October, the USTR walked away from the negotiating table on several core commitments in the e-commerce negotiations. Specifically, USTR abandoned the commitments promoting the free flow of data; combating forced data localization; preventing forced tech transfer; and open, competitive markets for digital goods and services.

USTR Katherine Tai issued a statement on the decision on October 24.

“Many countries, including the United States, are examining their approaches to data and source code, and the impact of trade rules in these areas. In order to provide enough policy space for those debates to unfold, the United States has removed its support for proposals that might prejudice or hinder those domestic policy considerations. The JSI continues to be an important initiative and the United States intends to remain an active participant in those talks,” Tai said.

Wyden and Crapo, along with 30 other colleagues in the Senate, said the United States, along with its allies the United Kingdom, Japan, Australia, Singapore, South Korea, and others, have supported the internet and free information flows for 30 years. They called it an engine of innovation and economic growth and a bulwark against authoritarian regimes that seek to dominate international digital rules.

“These commitments reflect bipartisan principles that, until now, the United States has strongly supported across political parties, administrations, and the federal government: an open internet that promotes the flow of information across borders to support American exports and American values. USTR’s decision to abandon these commitments at the WTO creates a policy vacuum that China and Russia will fill,” the senators wrote in a letter to Biden.

The lawmakers said the WTO e-commerce negotiations have been supported by a range of American employers, including manufacturers, automakers, retailers, small businesses, creators in the film, music and book publishing industries, precision agriculture, logistics and semiconductor sectors.

“Retreating from our longstanding principles without offering a viable alternative does not help U.S. workers, it does not help U.S. consumers, it does not help U.S. businesses, and it does not help U.S. allies; it only helps our adversaries,” they wrote.