I 

111TH CONGRESS 

2D SESSION H. R. 5694 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘One Global Internet 

3 Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) A single, open, global Internet is a vital tool 

7 for facilitating the free and secure flow of informa8 tion and products without regard to distances or na9 tional boundaries. 

10 (2) The goal of a single, open, global Internet 

11 is best supported by policies that— 

12 (A) encourage utilization on a global basis 

13 of technology standards set by international 

14 standards-setting organizations, including in15 dustry-led and other voluntary bodies, and se16 lected by the market; 

17 (B) respect the security of information and 

18 privacy of Internet users; 

19 (C) respect the rights of intellectual prop20 erty owners and users and promote investment 

21 in Internet-related innovation; 

22 (D) refrain from compelling Internet serv23 ice providers and other intermediaries to re24 strict the free flow of information on the Inter25 net; and 


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1 (E) allow trade in Internet-related goods, 

2 services, information, and content, in accord3 ance with international trade agreements. 

4 (3) Certain governments are adopting policies 

5 contrary to the goal of a single open, global Internet, 

6 including— 

7 (A) mandating unique technology stand8 ards favoring domestic producers as a condition 

9 of market access or pursuing related policies re10 garding standard-setting that are discrimina11 tory and subvert the open, global nature of the 

12 Internet; 

13 (B) requiring that companies forfeit their 

14 intellectual property in Internet-related tech15 nologies as a condition of market access for 

16 commercial and civilian uses or government 

17 procurement; 

18 (C) sponsoring or tolerating the use of 

19 Internet-related tools to gain unauthorized ac20 cess to public-sector and private-sector net21 works in the United States to disrupt their op22 eration or for the purpose of misappropriation 

23 or infringement of intellectual property; 

24 (D) blocking, filtering, or otherwise re25 stricting Internet communications in a manner 


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1 that discriminates against Internet-based serv2 ices and content originating in other countries; 

3 and 

4 (E) imposing market access requirements 

5 or liabilities that discriminate against or other6 wise impede Internet-related goods, services and 

7 content from other countries. 

8 (4) Such actions threaten the interests of the 

9 United States by— 

10 (A) facilitating attempts by foreign govern11 ments to restrict or disrupt the free flow of in12 formation on the Internet; 

13 (B) promoting ‘‘national Internets’’ in con14 flict with the underlying rationale and architec15 ture of the Internet as originally envisioned and 

16 constructed, thereby compromising the Inter17 net’s full functionality and promise; 

18 (C) harming United States workers and 

19 businesses, undermining a strong United States 

20 industrial base, and putting foreign competitors 

21 at an advantage; and 

22 (D) putting at risk the utility of the Inter23 net as a tool of open communication, assembly, 

24 and commerce, and the individuals who seek to 

25 use it for such purposes. 


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1 SEC. 3. TASK FORCE ON THE GLOBAL INTERNET. 

2 (a) ESTABLISHMENT.— 

3 (1) IN GENERAL.—There is established within 

4 the executive branch a Task Force on the Global 

5 Internet (in this Act referred to as the ‘‘Task 

6 Force’’). 

7 (2) CHAIRPERSON.—The President shall select 

8 from among the members of the Task Force under 

9 subsection (b) an individual to serve as Chairperson. 

10 (b) COMPOSITION.—The Task Force shall consist of 

11 the United States Trade Representative, the Secretary of 

12 State, the Chief Technology Officer, the Secretary of Com13 merce, the Assistant Secretary for Communications and 

14 Information of the National Telecommunications and In15 formation Administration, the Secretary of Defense, the 

16 Attorney General, the Director of the National Institute 

17 of Standards and Technology, the White House Cyberse18 curity Coordinator, and the heads of other executive 

19 branch departments and agencies, as appropriate, acting 

20 through their respective designees. The head of any such 

21 department or agency may detail such personnel and may 

22 furnish such services, with or without reimbursement, as 

23 the Task Force may request to assist in carrying out its 

24 functions. 

25 (c) FUNCTIONS.—In addition to such other respon26 sibilities the President may assign, the Task Force shall— 


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1 (1) develop and implement strategies in re2 sponse to foreign government policies that 

3 unjustifiably or unreasonably burden or restrict 

4 international trade in Internet-related goods, serv5 ices, and content, mandate or otherwise preference 

6 Internet-related technology standards and related 

7 measures, impede the free flow of information on the 

8 Internet, or otherwise threaten the interests of the 

9 United States in Internet-related international trade 

10 and the open, global nature of the Internet; 

11 (2) coordinate the activity of all executive 

12 branch departments and agencies as necessary to 

13 implement the strategies developed in accordance 

14 with paragraph (1); and 

15 (3) prepare a report and action plan in accord16 ance with section 4. 

17 SEC. 4. REPORT AND ACTION PLAN TO CONGRESS. 

18 (a) IN GENERAL.—Not later than six months after 

19 the date of the enactment of this Act and annually there20 after, the Task Force shall transmit to the Committee on 

21 Ways and Means of the House of Representatives and the 

22 Committee on Finance of the Senate a report and action 

23 plan that— 

24 (1) identifies acts, policies, or practices of a for25 eign government and related measures that— 


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1 (A) deny fair and equitable market access 

2 to or otherwise unjustifiably or unreasonably 

3 burden or restrict trade in Internet-related 

4 goods, services, and content; 

5 (B) mandate, give preference to, or pro6 mote Internet-related technology standards that 

7 diverge from widely adopted international 

8 standards, or otherwise lead to the adoption of 

9 discriminatory or trade-restrictive technology 

10 standards or conformity assessment procedures; 

11 (C) require the forfeiture of intellectual 

12 property of Internet-related technologies as a 

13 condition for market access; or 

14 (D) otherwise threaten the interests of the 

15 United States in the technical operation, secu16 rity, and free flow of global Internet commu17 nications; 

18 (2) estimates the trade-distorting impact of 

19 measures identified under paragraph (1) on United 

20 States commerce and the functioning of the Inter21 net; 

22 (3) designates which measures identified under 

23 paragraph (1) are priority concerns; 

24 (4) sets forth a strategy and actions to be taken 

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1 sponse to measures identified under paragraph (1); 

2 and 

3 (5) provides information with respect to any ac4 tion taken (or the reasons if no action is taken) in 

5 response to any such measures identified in prior 

6 years’ reports, including such actions as are required 

7 under section 5. 

8 (b) FORM OF REPORTS.—The reports and action 

9 plans required under subsection (a) may contain a classi10 fied annex if the Task Force determines that such is ap11 propriate. 

12 (c) COORDINATION AND NOTICE.—In preparing each 

13 annual report and action plan required under subsection 

14 (a), the Task Force shall— 

15 (1) seek public participation by publishing no16 tice in the Federal Register and holding a public 

17 hearing; 

18 (2) consult and coordinate with all relevant ex19 ecutive branch departments and agencies; and 

20 (3) take into account information from such 

21 sources as may be available to the United States 

22 Trade Representative and such information as may 

23 be submitted to the Trade Representative by inter24 ested persons, including information contained in re25 ports submitted under section 181 of the Trade Act 


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1 of 1974 (19 U.S.C. 2241 (b)) and petitions sub2 mitted under section 302 of such Act (19 U.S.C. 

3 2412). 

4 (d) PUBLICATION.—The Task Force shall publish in 

5 the Federal Register the report and action plan trans6 mitted to Congress under subsection (a), but shall omit 

7 information transmitted to Congress under subsection (b). 

8 SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL 

9 SANCTIONS. 

10 Not later than 30 days after the transmission of each 

11 annual report and action plan required under section 4, 

12 the United States Trade Representative shall, in accord13 ance with the requirements of sections 301–304 of the 

14 Trade Act of 1974 (19 U.S.C. 2411–2414), initiate an in15 vestigation, make any determinations required, and take 

16 any actions specified under such sections with respect to 

17 any acts, policies, or practices of a foreign government 

18 that are identified in each such annual report and action 

19 plan as priority concerns, including restrictions on sale in 

20 the United States of products developed and manufac21 tured in countries implementing such acts, policies, or 

22 practices. 


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1 SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE 

2 COMMISSION AND DEPARTMENT OF JUSTICE. 

3 (a) REVIEW AND INVESTIGATION.—The Federal 

4 Trade Commission and the Attorney General shall— 

5 (1) review each act, policy, or practice described 

6 in paragraph (1) of section 4(a) that is contained in 

7 a report or an action plan transmitted under such 

8 section to Congress; and 

9 (2) investigate whether such act, policy, or 

10 practice (or any related action by a nongovernmental 

11 entity) violates any of the antitrust laws. 

12 (b) DEFINITION.—For purposes of this section, the 

13 term ‘‘antitrust laws’’ has the meaning given it in sub14 section (a) of the first section of the Clayton Act (15 

15 U.S.C. 12(a)), except that such term includes section 5 

16 of the Federal Trade Commission Act (15 U.S.C. 45) to 

17 the extent such section 5 applies to unfair methods of com18 petition. 

19 SEC. 7. REPORT TO CONGRESS ON INTERNATIONAL TRADE 

20 AGREEMENTS. 

21 (a) REPORT.—Not later than two years after the date 

22 of the enactment of this Act, the Task Force shall submit 

23 to Congress a report that— 

24 (1) assesses the sufficiency of existing multilat25 eral and bilateral trade agreements in— 


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1 (A) promoting international trade in Inter2 net-related goods, services, and content; 

3 (B) encouraging the utilization on a global 

4 basis of technology standards set by inter5 national standard-setting organizations; 

6 (C) protecting the security and functioning 

7 of the Internet; and 

8 (D) facilitating the free flow of information 

9 on the Internet; and 

10 (2) recommends, as appropriate, modifications 

11 of existing agreements or the negotiation of new 

12 agreements to advance the objectives identified in 

13 paragraph (1). 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the negotiating objectives of the United States 

16 for future bilateral and multilateral trade agreements 

17 should include the goals specified in subsection (a)(1). 

18 SEC. 8. STANDARDS-RELATED TRAINING. 

19 The Task Force shall coordinate with intergovern20 mental, national government, and private sector entities, 

21 including the National Institute of Standards and Tech22 nology, the Patent and Trademark Office, the Trade and 

23 Development Agency, the United States Telecommuni24 cations Training Institute, the Department of Justice, the 

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1 tities, for the purpose of organizing training of foreign 

2 government officials and national standard-setting and 

3 conformity assessment bodies with respect to best prac4 tices, including coordination with nongovernmental inter5 national standards bodies, in accordance with the annual 

6 report and action plan required under Section 4. 

7 SEC. 9. OUTSIDE CONSULTATION. 

8 The Task Force shall establish a regularized process 

9 to receive timely input from businesses, organizations, ex10 perts, and other interested parties regarding the fulfill11 ment of its functions. 

Æ 


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