ABSTRACT
The topic of Chapter 2 is the regulation of Internet measures under the WTO Agreement. The main purpose of this chapter is to define whether Internet regulations may constitute a WTO trade barrier under the Agreement, and WTO agreement on how to regulate the Internet measures. What needs to be clear is that due to the different rules of GATT1994 and GATS, different categorization issues will also lead to different rights and obligations in WTO members. In the field of trade in goods, the “Information Technology Agreement” has established member’ free trade obligations for information technology products. In the interpretation, the Panel and the Appellate Body apply the member parties’ obligations to specific new and multi-functional products. In the field of service trade, most of the members make commitments to computer services, audition services, telecommunications services, etc. Furthermore, WTO members are also obliged to guarantee the freedom of the Internet as a delivery medium. At the same time, digital products can also be adjusted by WTO agreements. Thus, the WTO Agreement can be applied to the Internet with trade in goods and related services. In practice, WTO agreements are applicable in the digital era, mainly involving market access, non-discrimination principles, due process and other obligations.
