It is reported in the Associated Press that Google has asked the US Trade Representative’s Office to consider state censorship of the Internet as a form of non-tariff restriction on global trade when negotiating free trade agreements¹.  The suggestion appears to have been based on a paper in which Timothy Wu argued that downloading a web page hosted in another country involves the importation of a service².  The acceptance of Google’s argument could herald a significant increase in the impact of FTAs on IT-based businesses.  Trade negotiators may find themselves negotiating commitments to reduce a broad range of state operated restrictions on the internet – these issues traditionally falling within the purview of human rights lawyers.

¹ Rugaber, C.S,. “Google seeks help” (June 26, 2007), Associated Press: http://www.theglobeandmail.com/servlet/story/RTGAM.20070622.wgtcensor0622/BNStory/Technology ² Ibid.; see also Wu, T., The World Trade Law of Internet Filtering (2005), available at SSRN: http://ssrn.com/abstract=882459