Do the Chinese Measures of Blocking and Filtering American Internet Search Engines Violate the China's GATT and GATS Obligations?

Abstract

Whether the China’s practice of restricting the Internet freedom is violating China’s WTO obligations, i.e., what the People’s Republic of China agreed to with respect to its Internet measures when it acceded to the World Trade Organization in December of 2001, is an issue that continues to rattle international relations – especially between China and the United States. In October 2011, the United States Trade Representatives initiated a questionnaire to China seeking information regarding the China’s Internet restrictions. This measure had long been sought by the California First Amendment Coalition, organization representing a group of American Internet service providers. The CFAC would like to see the USTR bringing an action in the WTO Dispute Settlement Body against China. Whether the USTR could show that China has violated its obligations under the WTO Agreement, however, is not clear. This note attempts to evaluate whether the China’s Internet measures are violating its WTO obligations.