Open Letter to US Trade Representative

31 March 2025

A Call for US Leadership in the Digital Age

Ambassador Jamieson Greer
US Trade Representative
600 17th Street NW
Washington, DC 20508

Dear Ambassador Greer,

The global digital economy stands at a crossroads. The decisions made today will determine whether the Internet remains an open engine for innovation, economic growth, and free expression, or becomes fragmented and controlled by forces hostile to these values. The United States has the opportunity—and responsibility—to lead the world towards a future where the Internet empowers individuals, businesses, and societies. 

As a group of organizations and experts that believe an open, global, secure, and trusted Internet is crucial to digital trade and online discourse, we are eager to support the administration in advancing principles that protect the Internet’s ability to enable innovation, promote free expression and access to information, and foster a dynamic digital economy. 

The Stakes: A Free and Open Internet Under Threat 

The Internet has revolutionized the way we live, work, speak, and learn. It has fueled unprecedented economic growth, connected people across borders, and provided a platform for the free exchange of ideas. However, this progress is under threat. A growing number of countries are adopting policies that restrict cross-border data flows, mandate data localization, force the disclosure of source code, and discriminate against foreign digital products. These policies undermine the very foundations of the Internet, threatening its ability to support innovation, economic growth, and fundamental freedoms. 

A Call to Leadership

The United States’ long tradition of leadership in promoting an open Internet has directly contributed to its strength as a hub for tech innovation and thriving digital economy. 

Since the 1990s, and particularly beginning in 2013, leaders in Congress, including Senators John Thune and Ron Wyden, pushed for the United States to lead internationally to promote an open Internet and digital trade, by ensuring that data can flow freely among trading partners and to prevent discrimination against American digital content. From there, the United States promoted and secured international consensus that protected the Internet’s ability to support a thriving US digital economy, including in trade agreements negotiated by the Trump administration with guidance and overwhelming bipartisan support from Congress. 

Now is the time to maintain that leadership in the digital realm. The United States should work with like-minded countries to establish a framework for open data flows crucial to an open Internet and digital trade, with the following core principles: 

  1. Protect The Free Flow of Information: Data is the lifeblood of the digital economy. Restrictions on cross-border data flows, including tariffs on electronic transmissions and limits on access to information, would stifle innovation, limit consumer choice, and impede economic growth and the global exchange of ideas. The United States must champion policies that ensure the free flow of information across borders, while respecting privacy and security. 
  1. Data Security and Privacy, Not Data Localization: Data localization requirements do not enhance security. In fact, they often have the opposite effect, fragmenting the Internet and making it more difficult to protect data from cybersecurity threats. The United States should advocate for policies that promote data security and privacy through international cooperation and the adoption of strong cybersecurity standards, and should push back against protectionist measures that isolate countries, harm businesses, and limit the free flow of information.  
  2. Prevent Mandated Source Code Disclosure: Forced disclosure of source code as a condition for doing business in a country undermines intellectual property rights, discourages innovation, and makes businesses vulnerable to cyberattacks. While open-source development fosters transparency and collaboration, mandated access to proprietary code gives adversaries an unwarranted competitive advantage, while amplifying the potential for surveillance, exploitation, and jeopardizing national security and the integrity of the Internet. The United States must firmly oppose such policies, recognizing that protecting intellectual property is essential for a dynamic digital economy. Disclosures for legitimate judicial and regulatory purposes must be narrowly tailored and accompanied by proportionate privacy and security assurances. 
  3. Don’t Discriminate Against Foreign Digital Services and Products: Governments should not discriminate against foreign digital products or services. Such discrimination distorts markets, limits consumer choice, and undermines the benefits of global competition. While governments should be able to enforce generally applicable regulations, the United States must advocate for policies that ensure a level playing field for all digital businesses, regardless of their country of origin. 

The United States has a unique opportunity to protect the Internet and shape the future of the digital economy. By championing these principles, the US can help build a global digital ecosystem that is open and secure, and works for all. We urge the Administration and Congress to seize this moment and lead the world towards a future where the Internet continues to empower individuals, businesses, and societies around the globe. 

Sincerely,

American Civil Liberties Union 
Center for Democracy and Technology 
Freedom House 
Internet Society
Internet Society US Washington, D.C. Chapter