October 17, 2017 - The article, "Take Down Or Stay Down: Digital Piracy And Trade Negotiation" by Dean Pinkert was published in Law360.
As the renegotiation of the North American Free Trade Agreement reaches a critical juncture, difficult trade-offs are being considered. An area of discussion that involves exceptionally difficult trade-offs concerns measures to combat digital piracy. The difficulties arise because there are legitimate interests and objectives on all sides. In this article, I will discuss the fault line between the policies advocated by internet industry/consumer technology groups and those advocated by content industries. My goal is simply to convince the reader that there is a need for creative policymaking to bridge the gaps between competing approaches.