Lisa J. Damon


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.