September 2015

The Office of the United States Trade Representative expects that the Trans-Pacific Partnership (TPP) will put in place the most comprehensive set of rules ever negotiated addressing digital trade and the promotion of Internet-based commerce. TPP is designed to preserve the single, global, digital marketplace to ensure the free flow of global information and data that drive the digital economy. The US intends to promote trade and investment that enhances online speed, access, and quality. Here’s the US objectives:

Secure commitments not to impose customs duties on digital products (e.g., software, music, video, e-books).

Ensure non-discriminatory treatment of digital products transmitted electronically and guarantee that these products will not face government-sanctioned discrimination based on the nationality or territory in which the product is produced.

Establish requirements that support a single, global Internet, including ensuring cross-border data flows, consistent with governments’ legitimate interest in regulating for purposes of privacy protection.

Establish rules against localization requirements that force businesses to place computer infrastructure in each market in which they seek to operate, rather than allowing them to offer services from network centers that make business sense.

Ensure close cooperation among TPP countries to help businesses, especially small- and medium-sized businesses, overcome obstacles and take advantage of electronic commerce.

Secure commitments to provide reasonable network access for telecommunications suppliers through interconnection and access to physical facilities.

Establish provisions promoting choice of technology and competitive alternatives to address the high cost of international mobile roaming.

Promote public participation and transparency in the development of laws and regulations affecting the Internet, including with opportunities for public comment.

Promote competitive supply of telecommunications services by addressing key bottlenecks.

The Fifth Amendment right against compelled self-incrimination would be breached if two insider trading suspects were forced to turn over the passcodes of their locked mobile phones to the Securities and Exchange Commission, a federal judge ruled Sept 23. "We find, as the SEC is not seeking business records but Defendants' personal thought processes, Defendants may properly invoke their Fifth Amendment right," US District Judge Mark Kearney of Pennsylvania wrote.

Orin Kerr, a constitutional scholar and former federal prosecutor, suggested that the "Fifth Amendment issues raised by the content of the passcode could be addressed by having the defendants just enter in their passcodes rather than handing them over to the government." Kerr added, "Having the defendant enter in his passcode would minimize the Fifth Amendment implications of the compelled compliance, as it would not involve disclosing the potentially incriminating evidence of the passcode itself."

Fox News chairman Roger Ailes, Fox News senior executives and Donald Trump will meet during the week of Sept 28 to discuss their differences, a Fox News spokesperson said.

"Fox News Chairman & CEO Roger Ailes and Donald Trump spoke this morning and plan to have a meeting next week to discuss their differences of opinion regarding Fox's coverage of Mr. Trump's presidential campaign. Ailes will be joined by senior Fox editorial executives. Mr. Trump believes he has been treated unfairly in certain instances. FOX News has held every candidate in this race to the highest journalistic standards throughout our coverage. We believe a candid meeting about our differences is required and that any misunderstandings can be handled without compromising those standards," the spokesperson said.