The Internet and associated technologies are both a platform for trade and a technology transforming trade. We define digital trade as commerce in products and services delivered via the Internet (USITC: 2013, i). Although digital trade is the fastest growing component of trade, policymakers are just learning how to create an environment to facilitate such trade in developed and developing countries alike. The Transpacific Partnership (TPP) is the first trade agreement to include binding provisions related to the information flows that power digital trade, but that agreement (and others under negotiation) say little about the domestic and international regulatory context in which the Internet functions. However, as the World Bank notes, an effective regulatory environment is essential to reaping the benefits of the information economy and digital trade (World Bank: 2016)

Trade agreements may not be the best place to regulate information flows — which are a global public good that governments should provide and regulate effectively in a cooperative manner with other governments. Moreover, many Internet issues that involve information flows, such as privacy or the security of data are not market access issues (the traditional turf of trade agreements) issues (Aaronson: 2016).

In this conference, we will examine digital trade as well as barriers to cross-border information flows. We will also discuss the role of trade agreements as tools of Internet governance; examine the domestic and international regulatory environment for information; and focus on how to cooperate to encourage cross-border information flows. We plan to encourage audience and panelist dialogue about these issues. EFF's Jeremy Malcolm will be participating as a panelist.