No Russian server situations
"Governments ... will be unable to force companies from those countries to store government data in local datacentres ... governments will not only be prevented from mandating data sovereignty provision, they will also be unable to demand access to source code from companies incorporated in TPP territories."
"For the European Union, that's a hugely sensitive issue. Under data protection laws there, personal data cannot be sent outside the EU unless companies sign up to the self-certification scheme known as the Safe Harbor framework.
TISA Article X.4: Movement of Information
No Party may prevent a service supplier of another Party
from transferring, accessing, processing or storing
information, including personal information, within or
outside the Party's territory, where such activity is
carried out in connection with the conduct of the service
Since when are corporations party to a treaty? While the TPP is a huge push toward corporate sovereignty by diluting the power of governments, this is a trade agreement between nations. Just because the treaty is effectively governments hading power over to corporations (sorry, "investors") doesn't mean those corporations ratify the TPP.
 Investor-State Dispute Settlement? Just investors, not corporations in geneal or "other non-state actors"? This isn't even trying to hide that it's all about free movement of capital. Get ready to watch even more money flow out of the country.
The only force that can now stop ratification are the many corporations who did not receive TPP handouts and special TPP privileges for their legacy business models. Since citizens cannot effectively lobby government, the only recourse left is for citizen employees to lobby corporations who can lobby government. If you work in a technology company, ask your company to take a public stand on TPP. Ask Wikipedia to go dark in alternating 30 minute slots, to raise awareness about TPP. Look at examples where SOPA was brought to public attention.
Remember that the lead TPP negotiator is ex-Citibank,
http://www.commondreams.org/news/2015/05/28/us-trade-rep-wal..., "Noting deep ties between the country's top trade negotiator and Wall Street banks, ten groups representing millions of Americans are calling on the White House to make public all communications between U.S. Trade Representative Michael Froman and the massive financial institutions that stand to benefit from proposed trade deals."
For more on lobbyists, http://www.ip-watch.org/2015/06/05/confidential-ustr-emails-..., ".. Many of the industry representatives are themselves former USTR officials ... Jim DeLisi of Fanwood Chemical said he had just seen the text on rules of origin, and remarked, “Someone owes USTR a royalty payment. These are our rules … This is a very pleasant surprise."
But safe haven is silly. I'm French and I don't care about my data being stored in the US. Why should the government force me to store my data in France? People who want to store their data in France only should be free to do so of course but why bring the government into the equation? Besides, safe haven is incompatible with reality where data is being live replicated across the world to make access to it faster depending on who is accessing it and what timezone they're in.
Because uninformed consent is not consent and most people do not give informed consent to their data being stored overseas as they are not aware of all the laws and regulations that apply to it.
Unless we do want to say that uninformed consent is still consent, but what kind of problems does that create?
It as a method generally works when consumers are aware of all of their options, do their research and stay informed about every single economic purchase they make throughout every moment of their lives, and the consequences of a bad choice are not serious. So nowhere in the real world.
And it's not so horrible when the choices don't matter: when none of them are harmful, and we're simply deciding based on quality. It's still bad, but we tolerate it because nobody dies from it.
But you are acting like this is some mustache-twirling unrealistic liberal fantasy of an evil business person who does this -- not so. This happens ALL THE TIME in real life. People build cars that explode because it's too expensive to build them correctly. The poison on kids toys is not something I invented it is literally a real example from a number of years ago. This behavior is the inevitable consequence of 'caveat emptor' -- thank god we don't employ this awful principle anymore.
In a relationship, it's important to keep the power and the culpability/responsibility divvied up in equal proportions. If you're the powerful one in the relationship, you're also the responsible one. When you are a consumer you have zero power and zero information. You are a consumer of so many things coming from so many different industries you cannot be informed about them. You cannot become an expert on the toilet paper industry, you can simply watch ads and go to the store and pick based on garbage information fed to you by PR firms. Compared to the company selling it, staffed with hundreds of experts who live and breathe the toilet paper industry you are an infant. If they use this asymmetry to abuse or exploit you the culpability lies with THEM not with you. Caveat vendor.
What was the point of the government of Country A making their data protection law if there's no way of enforcing those laws?
That’s the issue. User data always is the users data, the company merely has the license to store and access it.
Retroactive more permissible licenses are also not okay.
Meaning, the treaty could not be ratified as long as the clause is valid. The question is now if the clause is null and void, or the whole treaty will be null and void (as in the case of Safe Harbor)