I 111th CONGRESS 2d Session H. R. 5694 IN THE HOUSE OF REPRESENTATIVES July 1, 2010 Ms. Zoe Lofgren of California (for herself, Mr. Neal of Massachusetts, Mr. Goodlatte, Mr. George Miller of California, Mr. McCaul, Mr. Gordon of Tennessee, Mr. Becerra, Mr. Thompson of California, Mr. Blumenauer, and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Foreign Affairs and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To combat trade barriers that threaten the maintenance of a single, open, global Internet, that mandate unique technology standards as a condition of market access and related measures, and to promote the free flow of information.

1.

Short title

This Act may be cited as the One Global Internet Act of 2010.

2.

Findings

Congress finds the following: (1)A single, open, global Internet is a vital tool for facilitating the free and secure flow of information and products without regard to distances or national boundaries. (2)The goal of a single, open, global Internet is best supported by policies that— (A)encourage utilization on a global basis of technology standards set by international standards-setting organizations, including industry-led and other voluntary bodies, and selected by the market; (B)respect the security of information and privacy of Internet users; (C)respect the rights of intellectual property owners and users and promote investment in Internet-related innovation; (D)refrain from compelling Internet service providers and other intermediaries to restrict the free flow of information on the Internet; and (E)allow trade in Internet-related goods, services, information, and content, in accordance with international trade agreements. (3)Certain governments are adopting policies contrary to the goal of a single open, global Internet, including— (A)mandating unique technology standards favoring domestic producers as a condition of market access or pursuing related policies regarding standard-setting that are discriminatory and subvert the open, global nature of the Internet; (B)requiring that companies forfeit their intellectual property in Internet-related technologies as a condition of market access for commercial and civilian uses or government procurement; (C)sponsoring or tolerating the use of Internet-related tools to gain unauthorized access to public-sector and private-sector networks in the United States to disrupt their operation or for the purpose of misappropriation or infringement of intellectual property; (D)blocking, filtering, or otherwise restricting Internet communications in a manner that discriminates against Internet-based services and content originating in other countries; and (E)imposing market access requirements or liabilities that discriminate against or otherwise impede Internet-related goods, services and content from other countries. (4)Such actions threaten the interests of the United States by— (A)facilitating attempts by foreign governments to restrict or disrupt the free flow of information on the Internet; (B)promoting national Internets in conflict with the underlying rationale and architecture of the Internet as originally envisioned and constructed, thereby compromising the Internet’s full functionality and promise; (C)harming United States workers and businesses, undermining a strong United States industrial base, and putting foreign competitors at an advantage; and (D)putting at risk the utility of the Internet as a tool of open communication, assembly, and commerce, and the individuals who seek to use it for such purposes.

3.

Task Force on the Global Internet

(a)

Establishment

(1)

In general

There is established within the executive branch a Task Force on the Global Internet (in this Act referred to as the Task Force). (2)

Chairperson

The President shall select from among the members of the Task Force under subsection (b) an individual to serve as Chairperson. (b)

Composition

The Task Force shall consist of the United States Trade Representative, the Secretary of State, the Chief Technology Officer, the Secretary of Commerce, the Assistant Secretary for Communications and Information of the National Telecommunications and Information Administration, the Secretary of Defense, the Attorney General, the Director of the National Institute of Standards and Technology, the White House Cybersecurity Coordinator, and the heads of other executive branch departments and agencies, as appropriate, acting through their respective designees. The head of any such department or agency may detail such personnel and may furnish such services, with or without reimbursement, as the Task Force may request to assist in carrying out its functions. (c)

Functions

In addition to such other responsibilities the President may assign, the Task Force shall— (1)develop and implement strategies in response to foreign government policies that unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content, mandate or otherwise preference Internet-related technology standards and related measures, impede the free flow of information on the Internet, or otherwise threaten the interests of the United States in Internet-related international trade and the open, global nature of the Internet; (2)coordinate the activity of all executive branch departments and agencies as necessary to implement the strategies developed in accordance with paragraph (1); and (3)prepare a report and action plan in accordance with section 4.

4.

Report and action plan to Congress

(a)

In general

Not later than six months after the date of the enactment of this Act and annually thereafter, the Task Force shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report and action plan that— (1)identifies acts, policies, or practices of a foreign government and related measures that— (A)deny fair and equitable market access to or otherwise unjustifiably or unreasonably burden or restrict trade in Internet-related goods, services, and content; (B)mandate, give preference to, or promote Internet-related technology standards that diverge from widely adopted international standards, or otherwise lead to the adoption of discriminatory or trade-restrictive technology standards or conformity assessment procedures; (C)require the forfeiture of intellectual property of Internet-related technologies as a condition for market access; or (D)otherwise threaten the interests of the United States in the technical operation, security, and free flow of global Internet communications; (2)estimates the trade-distorting impact of measures identified under paragraph (1) on United States commerce and the functioning of the Internet; (3)designates which measures identified under paragraph (1) are priority concerns; (4)sets forth a strategy and actions to be taken by executive branch departments and agencies in response to measures identified under paragraph (1); and (5)provides information with respect to any action taken (or the reasons if no action is taken) in response to any such measures identified in prior years’ reports, including such actions as are required under section 5. (b)

Form of reports

The reports and action plans required under subsection (a) may contain a classified annex if the Task Force determines that such is appropriate. (c)

Coordination and notice

In preparing each annual report and action plan required under subsection (a), the Task Force shall— (1)seek public participation by publishing notice in the Federal Register and holding a public hearing; (2)consult and coordinate with all relevant executive branch departments and agencies; and (3)take into account information from such sources as may be available to the United States Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181 of the Trade Act of 1974 (19 U.S.C. 2241 (b)) and petitions submitted under section 302 of such Act (19 U.S.C. 2412). (d)

Publication

The Task Force shall publish in the Federal Register the report and action plan transmitted to Congress under subsection (a), but shall omit information transmitted to Congress under subsection (b).

5.

Section 301 investigation and potential sanctions

Not later than 30 days after the transmission of each annual report and action plan required under section 4, the United States Trade Representative shall, in accordance with the requirements of sections 301–304 of the Trade Act of 1974 (19 U.S.C. 2411–2414), initiate an investigation, make any determinations required, and take any actions specified under such sections with respect to any acts, policies, or practices of a foreign government that are identified in each such annual report and action plan as priority concerns, including restrictions on sale in the United States of products developed and manufactured in countries implementing such acts, policies, or practices.

6.

Review and investigation by Federal Trade Commission and Department of Justice

(a)

Review and investigation

The Federal Trade Commission and the Attorney General shall— (1)review each act, policy, or practice described in paragraph (1) of section 4(a) that is contained in a report or an action plan transmitted under such section to Congress; and (2)investigate whether such act, policy, or practice (or any related action by a nongovernmental entity) violates any of the antitrust laws. (b)

Definition

For purposes of this section, the term antitrust laws has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition.

7.

Report to Congress on international trade agreements

(a)

Report

Not later than two years after the date of the enactment of this Act, the Task Force shall submit to Congress a report that— (1)assesses the sufficiency of existing multilateral and bilateral trade agreements in— (A)promoting international trade in Internet-related goods, services, and content; (B)encouraging the utilization on a global basis of technology standards set by international standard-setting organizations; (C)protecting the security and functioning of the Internet; and (D)facilitating the free flow of information on the Internet; and (2)recommends, as appropriate, modifications of existing agreements or the negotiation of new agreements to advance the objectives identified in paragraph (1). (b)

Sense of Congress

It is the sense of Congress that the negotiating objectives of the United States for future bilateral and multilateral trade agreements should include the goals specified in subsection (a)(1).

8.

Standards-related training

The Task Force shall coordinate with intergovernmental, national government, and private sector entities, including the National Institute of Standards and Technology, the Patent and Trademark Office, the Trade and Development Agency, the United States Telecommunications Training Institute, the Department of Justice, the Federal Trade Commission, and any other appropriate entities, for the purpose of organizing training of foreign government officials and national standard-setting and conformity assessment bodies with respect to best practices, including coordination with nongovernmental international standards bodies, in accordance with the annual report and action plan required under Section 4.

9.

Outside consultation

The Task Force shall establish a regularized process to receive timely input from businesses, organizations, experts, and other interested parties regarding the fulfillment of its functions.