Investigating the Effects of TBDF Regulations on Multinational Firms\u27 Operation

The far advance in computer and telecommunication technology, and the evolution of Multinational corporations (MNCs) have led to an era of global economy. While MNCs strive for competitive advantage via their global information systems, diverse barriers on transborder data flow (TBDF) work in the opposite direction. Many researchers indicated that TBDF restrictions not only affected the operation of MNCs, but also the management of international information systems. Some others argued that transborder data laws were either found too vague to follow, or unable to seriously hamper some MNCs due to their smooth relationship with local telecommunication authorities at host countries. This paper aims to investigate the context and causes of the discrepancy. The results indicated that vendor’ s support, deregulation of telecommunication restrictions, and the areas in which MNCs operated accounted for the discrepancy and thus alleviated the impact of TBDF regulations on MNCs\u27 operation

Freedom of Information versus National Sovereignty: The Need for a New Global Forum for the Resolution of Transborder Date Flow Problems

This Note argues that the issues raised by transborder data flow restrictions must be dealt with on a global scale, not on a national basis. Part I of this Note discusses the international legal principles underlying the concept of freedom of information and the legal difficulties presented by the imposition of transborder data flow restrictions. Part II analyzes the perception among developing nations that sovereign rights are threatened by an unrestricted flow of information and discusses the measures developing nations are implementing to control this perceived threat. Part III analyzes several approaches suggested for dealing with the problems of transborder data flow restrictions and argues that a new international forum must be created to constructively address the legitimate concerns of the developing nations. This Note concludes that since the effective demise of Unesco, progress must be made toward creating a viable international forum to address the multilateral concerns over transborder data flow restrictions

Setting Standards for Fair Information Practice in the U.S. Private Sector

The confluence of plans for an Information Superhighway, actual industry self-regulatory practices, and international pressure dictate renewed consideration of standard setting for fair information practices in the U.S. private sector. The legal rules, industry norms, and business practices that regulate the treatment of personal information in the United States are organized in a wide and dispersed manner. This Article analyzes how these standards are established in the U.S. private sector. Part I argues that the U.S. standards derive from the influence of American political philosophy on legal rule making and a preference for dispersed sources of information standards. Part II examines the aggregation of legal rules, industry norms, and business practice from these various decentralized sources. Part III ties the deficiencies back to the underlying U.S. philosophy and argues that the adherence to targeted standards has frustrated the very purposes of the narrow, ad hoc regulatory approach to setting private sector standards. Part IV addresses the irony that European pressure should force the United States to revisit the setting of standards for the private sector

Transborder Data Flow: Problems with the Council of Europe Convention, or Protecting States from Protectionism

This comment will discuss the current status of national data protection laws and their effect on the conflict between the individual interest in retaining personal privacy and the business interest in preserving the free flow of information. Such discussion will highlight the consequences of the proposed Council of Europe Convention\u27s regulation of personal data. A brief look at the history f the information industry, as well as the costs of and justifications for transborder data flow, will serve to establish a framework for the issues and controversies which the Convention addresses. The comment will also focus on specific proviisons of the Council of Europe Convention to ascertain its potential burden on international business and potential impact on American trade, suggesting that the present terms of the treaty unnecessarily hamper the conduct of trade. Finally, several improvements will be proposed for future international agreements, emphasizing the role of the United States in developing such agreements

Private Leased Telecommunication Lines: Threats to Continued International Availabliltiy

This article examines both actual and proposed actions by Japanese and European telecommunications authorities, known as Ministries of Post, Telephone, and Telegraph (PTTs), to restrict private leased line availability, and then explores the possibility that these actions presage the total elimination of private leased lines. It concludes that unless the United States government adopts a unified and reasonable policy opposing the escalation of regulations and restrictions, their deleterious effects will become more severe

Transborder Data Flow: Problems with the Council of Europe Convention, or Protecting States from Protectionism

This comment will discuss the current status of national data protection laws and their effect on the conflict between the individual interest in retaining personal privacy and the business interest in preserving the free flow of information. Such discussion will highlight the consequences of the proposed Council of Europe Convention\u27s regulation of personal data. A brief look at the history f the information industry, as well as the costs of and justifications for transborder data flow, will serve to establish a framework for the issues and controversies which the Convention addresses. The comment will also focus on specific proviisons of the Council of Europe Convention to ascertain its potential burden on international business and potential impact on American trade, suggesting that the present terms of the treaty unnecessarily hamper the conduct of trade. Finally, several improvements will be proposed for future international agreements, emphasizing the role of the United States in developing such agreements

Transborder Data Flow Issues And Their Impact On Multinational Companies

Today, companies experiencing transborder data flow are faced with obstacles that limit the free flow of information. This prevents companies from taking full advantage of international markets. Some of these obstacles include connectivity problems, security issues, language problems, the price structure of communication services, trade barriers, and, most importantly, transborder data flow restrictions applied by different countries. Multinational companies can minimize the negative effects of these obstacles if they can adjust their organizational decision making structures and information systems architectures based on the obstacles they face, and encourage the standardization of systems networking