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The Trojan Horse of e-commerce.

The Trojan Horse of e-Commerce Professor Jane Kelsey (University of Auckland) Intellectual Property and Trade in the Pacific Century Brisbane, 22 June 2017 QUT Intellectual Property and Innovation Law Research Program The comprehensive chapter on electronic commerce in the Trans-Pacific Partnership Agreement (TPP) heralded a game changer in the negotiation of international rules. The benign chapter heading belies a fundamental rewriting of the international trade rules to serve the rapid growth of digital economy, controlled by a powerful oligopoly of mega-corporations. Their stated goal is to achieve global rules that protect them from national regulation of their activities for the indefinite future. The TPP text has since been tabled in the Trade in Services Agreement (TISA) negotiations and the Regional Comprehensive Economic Partnership (RCEP), judging by a leaked list of the headings of articles in the e-commerce chapter. If adopted, these rules would impose huge and unforeseeable fetters on the sovereignty of governments to regulate their economies, and address related issues of privacy, security and consumer protection. The cross-fertilisation of the e-commerce chapters with others on cross-border services, financial services, telecommunications and transparency would create a regime of unprecedented constraints and complexity that even advanced countries in RCEP would struggle to implement them, let alone the developing and least developed country parties in the RCEP.