For decades, the government has championed the free flow of information across borders, a principle anchored in America’s commitment to liberty and the First Amendment. This stance has been a cornerstone of foreign policy, supported across political ideologies and technologies ranging from word processing to artificial intelligence.
But during the recent World Trade Organization negotiations, Washington policymakers veered sharply from this path. After decades of linking our trade policy to fundamental values, the United States trade representative walked away from our commitment to the free flow of information and opened the door to censorship and data localization requirements that threaten privacy, harm small businesses, and stifle innovation.
This new policy is at odds with the long-standing, bipartisan American commitment to internet freedom that began in the George W. Bush administration and was a key component of America’s digital policy even in the early days of the Biden administration. America’s resistance to global tech restrictions has also been instrumental in advancing a free and open internet across the globe.
This revised approach bears remarkable similarity to internet policy in China.
That’s a tragedy because China has consistently ranked at the bottom of Freedom House’s annual “Freedom on the Net” survey — and for good reason. The Chinese Communist Party censors speech and requires tech companies to store user data within China’s borders so that the state can more readily surveil it.
America has long pushed back on this approach and articulated a different vision for internet governance. In 2010, for example, the Department of State noted that “the more freely information flows, the stronger societies become.”
The commitment to the free flow of information is not simply a democratic matter. It is an American matter. That’s why when China sought to exert its influence on international governance bodies, Sens. Ted Cruz (R-TX), James Lankford (R-OK), and Mike Lee (R-UT) wrote a letter emphasizing the American commitment to a “free and open internet” and raising questions about China’s attempt to undermine this value.
Beyond the halls of Congress, people across the country believe an open and accessible internet is key to a healthy democracy. In fact, in cities and towns throughout America, a resounding majority, 88%, of voters agree the ability to speak freely on the internet is one of the freedoms that separates the U.S. from authoritarian countries such as China, Russia, and Iran.
This dedication to the free flow of information does more than just mirror American values. It actively furthers domestic interests by empowering the U.S. tech industry to compete on a global stage. It’s no coincidence that the world’s leading tech companies are predominantly American.
By abandoning these critical proposals, the U.S. trade representative has ceded the steering wheel to China on the digital highway of tomorrow. These rules will determine the flow of data, the future of online commerce, and the safeguards for intellectual property in the digital age. By relinquishing its leadership role, the U.S. trade representative has left the U.S. at a critical disadvantage, possibly allowing China to dictate global tech standards that favor its own interests and undermine the values of freedom and open markets.
As Sen. Ron Wyden (D-OR) put it, this move would leave “a vacuum that China … will be more than pleased to fill.” A group of Republican senators agreed, saying, “We have warned for years that either the United States would write the rules for digital trade or China would. Now, the Biden administration has decided to give China the pen.”
These lawmakers should work closely with companies to develop industry standards that protect freedom of expression online. They should ensure universal internet access so that communities across America can participate in the digital economy.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Instead of adopting China’s political agenda, embracing its values, and handicapping America’s most innovative companies, U.S. lawmakers should focus on slowing the spread of digital authoritarianism, promoting free speech within and across borders, and building a stronger internet to connect people to each other and to their governments.
The free flow of information across borders is a core American value. Washington should be working to uphold it, not undermine it.
Loretta Sanchez, a California Democrat, and Greg Walden, an Oregon Republican, are former members of the House of Representatives and are co-chairs of the American Edge Project’s Open and Accessible Internet Advisory Board.
