19-9
an algorithm expressed in that source code, to the regulatory body for a specific investigation,
inspection, examination, enforcement action, or judicial proceeding,
6
subject to safeguards against
unauthorized disclosure.
Article 19.17: Interactive Computer Services
1. The Parties recognize the importance of the promotion of interactive computer services,
including for small and medium-sized enterprises, as vital to the growth of digital trade.
2. To that end, other than as provided in paragraph 4, no Party shall adopt or maintain
measures that treat a supplier or user of an interactive computer service as an information content
provider in determining liability for harms related to information stored, processed, transmitted,
distributed, or made available by the service, except to the extent the supplier or user has, in whole
or in part, created, or developed the information.
7
3. No Party shall impose liability on a supplier or user of an interactive computer service on
account of:
(a) any action voluntarily taken in good faith by the supplier or user to restrict access
to or availability of material that is accessible or available through its supply or use
of the interactive computer services and that the supplier or user considers to be
harmful or objectionable; or
(b) any action taken to enable or make available the technical means that enable an
information content provider or other persons to restrict access to material that it
considers to be harmful or objectionable.
4. Nothing in this Article shall:
(a) apply to any measure of a Party pertaining to intellectual property, including
measures addressing liability for intellectual property infringement; or
(b) be construed to enlarge or diminish a Party’s ability to protect or enforce an
intellectual property right; or
(c) be construed to prevent:
(i) a Party from enforcing any criminal law, or
6
This disclosure shall not be construed to negatively affect the software source code’s status as a trade secret, if such
status is claimed by the trade secret owner.
7
For greater certainty, a Party may comply with this Article through its laws, regulations, or application of existing
legal doctrines as applied through judicial decisions.