Promoting the Internet Economy

GARY HORLICKJONATHAN BAND

CCIA Members

What are the benefits of promoting the Internet economy in TPP countries?

a) Internet start-ups do not require heavy infrastructure; anyone with a computer and a good idea can participate in the global economy.

b) The Internet levels the playing field for countries that are smaller or more remote markets.

What legal environment is necessary to promote the Internet economy?

a) Balanced intellectual property rules

b) Unencumbered flow of data and lawful commerce

Available at http://www.ccianet.org/fairusestudy

2010 CCIA Studies

Percentage of US GDP

Value Added to Economy

Employment

Percentage of EU GDP

Limiting Intermediary Liability

Existing protections for intermediaries

Examples:a) US: 17 U.S.C. § 512b) EU: E-Commerce Directive art.

5(1)c) Existing safe harbors obligations

in Australia, Chile, Peru, and Singapore (pursuant to free trade agreements)

What does fair use enable?

a) Internet searchb) Time-shifting and space-shifting c) reverse engineering to promote software

interoperabilityd) Temporary, ephemeral copies made by

computers, or in communication networks

e) User-generated content

Fair Use

a) Limitations on liability (other than IP, e.g., 47 U.S.C. § 230)

b) Enabling the sale and transfer of lawful products and services

c) Data transfer and access (e.g., cloud)

d) Non-discrimination

Unencumbered flow of data and lawful commerce