,,ii #aacth ,,congress #ast ,session ,s4 #aghh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjac,mr4 ,thune 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to make it a negotiating principle of the ,united ,states in negotiations for bilateral1 plurilateral1 or multilateral agreements to seek the inclusion of provisions that promote ,internet-enabled commerce and digital trade4 #a4 ,short title ,this ,act may be cited as the ,digital ,trade ,act of #bjac4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,internet has become an unprecedented medium for competition1 trade1 free expression1 and access to information4 7#b7 ,the ,internet is a driver of the global economy and must remain open1 stable1 and secure4 7#c7 ,trade in ,internet-enabled services and transfers of data and other digital information have become increasingly critical drivers of the economic growth of the ,united ,states4 ,the ,united ,states ,international ,trade ,commission found in a ,july #bjac report1 entitled ,digital ,trade in the ,u4,s4 and ,global ,economies1 ,part #a1 that ,u4,s4 exports of digitally enabled services 7one measure of international digital trade7 grew from #bhb4a billion in #bjjg to #cef4a billion in #bjaa1 with exports exceeding imports every year4 7#d7 ,the ,united ,states is the global leader in ,internet-enabled platforms1 networks1 and services4 ,certain liability protections for those entities under the law of the ,united ,states1 which promote innovation and creativity and allow for cooperative efforts to address harmful activity1 have been critical to the growth of the ,internet economy in the ,united ,states4 7#e7 ,according to ,mc,kinsey ,company1 more than of the value added by the ,internet is in traditional industries4 7#f7 ,internet-enabled commerce and digital trade benefits small- and medium-size enterprises by providing unparalleled access to global markets4 7#g7 ,proposals have been put forward by some trading partners of the ,united ,states to restrict the flow of lawful information across borders4 ,those proposals would cause increased government control over the ,internet and could create a fragmented ,internet4 7#h7 ,localization barriers to trade are frequently used to protect1 favor1 or stimulate domestic industries at the expense of industries in other countries4 ,those localization requirements harm the competitiveness of and end-users in the ,united ,states4 7#i7 ,restrictive policies regarding the flow of information across borders are nontariff barriers that are harmful to innovation and economic advancement4 ,those policies impede trade in digital products and services and constrain the ability of ,united ,states companies from many sectors to effectively operate across borders4 7#aj7 ,cross-border data flows are critical to manufacturers1 institutions of higher education1 hospitals1 retailers1 financial services firms1 laboratories1 and many other organizations that use the ,internet to improve their productivity and manage global networks of customers1 suppliers1 researchers1 and employees4 7#aa7 ,the free flow of information across borders provides choices and reduces costs to consumers worldwide4 7#ab7 ,the position of the ,united ,states ,government has been and is to advocate for the free flow of information across borders4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 agencies in the executive branch1 including the ,office of the ,united ,states ,trade ,representative1 should be staffed with experts and leaders to fulfill the mission of promoting an open1 global ,internet that facilitates commerce and digital trade2 and 7#b7 private sector stakeholders should have the opportunity to formally inform efforts of agencies in the executive branch related to digital trade4 #c4 ,negotiating principles for ,internet-enabled commerce and digital trade ,it shall be a negotiating principle of the ,united ,states in negotiations for a bilateral1 plurilateral1 or multilateral agreement1 and in multi-stakeholder fora1 to seek the inclusion of binding and enforceable provisions that promote and enhance ,internet-enabled commerce and digital trade1 including provisions-- 7#a7 preventing or eliminating barriers to the movement of electronic information across borders1 including by encouraging interoperability of data protection regimes and eliminating barriers to accessing1 processing1 transferring1 or storing information2 7#b7 ensuring transparency in measures affecting the free flow of information within and across borders2 7#c7 continuing the current practice of not imposing customs duties on electronic transmissions2 7#d7 prohibiting measures that condition market access or other commercial benefits on localization of data1 infrastructure1 or investment2 7#e7 prohibiting any country from imposing measures that require an entity to use computing infrastructure or services in that country or otherwise require an entity to access1 process1 transfer1 or store data in the territory of that country2 7#f7 ensuring that the ,internet continues to operate within the successful multi-stakeholder governance model2 7#g7 ensuring that provisions affecting intermediary liability for ,internet-enabled platforms1 networks1 and services are consistent with the law of the ,united ,states2 7#h7 ensuring digital trade policies contemplate various business activities across all industrial sectors and allow for future technological advancement2 and 7#i7 otherwise eliminating discriminatory treatment of ,internet-enabled commerce and digital trade4