Nigel Cory
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Articles by Nigel Cory
How South Korea's regulators are undermining its best trade and tech relationship
The US-South Korea economic relationship holds too much promise to be targeted by Seoul's regulatory agencies. South Korea 's technology relationship with the United States is a tale of two trends, and this past week they collided.
The World Data Organization China's Influence on Global Data Governance
On March 30, 2026, China’s launch of the World Data Organization (WDO) in Beijing marked a shift in the country’s approach to global data governance—from blocking and obstructing Western frameworks to actively trying to build an alternative.[1] Whether the WDO produces results in the near term matters less than the fact that China is now competing for the affirmative agenda in a space where the United States is promoting alternatives but lacks a cohesive strategy.
The Philippines’ digital growth needs trusted cloud
The Philippines is fast becoming one of Southeast Asia’s leading digital economies. But if cloud adoption and data-center growth outpace cyber resilience and digital trust, that progress will rest on fragile foundations. In 2025, Philippine authorities warned of repeated foreign attempts to access sensitive government data. The Philippines is currently ranked among the top 10 countries globally in terms of users experiencing cybersecurity attacks such as malware, phishing attempts and ransomware.
Japan’s Draft AI IP Code Misses the Mark, Undermining US Alignment
Japan has spent years building a well-earned reputation as one of the world’s most thoughtfully calibrated AI regulatory regimes. Its AI Promotion Act, enacted in 2025, is explicitly pro-innovation, and the Hiroshima AI Process, launched under Japan’s G7 presidency, helped set the tone for voluntary, interoperable governance at the international level.
Japan’s Draft AI IP Code Misses the Mark, Undermining US Alignment
Japan has spent years building a well-earned reputation as one of the world’s most thoughtfully calibrated AI regulatory regimes. Its AI Promotion Act, enacted in 2025, is explicitly pro-innovation, and the Hiroshima AI Process, launched under Japan’s G7 presidency, helped set the tone for voluntary, interoperable governance at the international level.
The Road Ahead for AI in Vietnam Why Implementation of Its Law on AI Will Determine Competitiveness
Vietnam is rapidly approaching a critical fork in the road on artificial intelligence (AI) as its new AI law and implementing framework take effect. The Law on AI (recently enacted on December 10, 2025) establishes Vietnam’s national framework, while the government’s implementing package includes a prime ministerial decision to define the list of high-risk AI systems and a decree to operationalize compliance procedures, all slated to take effect on March 1.
The Cybersecurity Case for Korean Cloud Reform Financial Sector Reforms Are the Model to Follow
South Korea’s cloud cybersecurity regime for the financial and public sectors includes restrictive policies that effectively exclude U.S. and other cloud-based service providers—and by extension the cybersecurity tools powered by artificial intelligence (AI) they deliver—through requirements for physical network separation. These requirements mandate the use of dedicated, local data centers and keep internal business networks physically separated from the internet.
Maintaining American Innovation and Technology Leadership
WRITTEN TESTIMONY of Nigel Cory Director, Digital, Technology, and Trade Policy, Crowell Global Advisors before the U.S. House Committee on Ways and Means, Subcommittee on Trade concerning “Maintaining American Innovation and Technology Leadership” January 13th, 2026, the Committee on Ways and Means Hearing Room, 1100, Longworth House Office Building in Washington, DC Thank you to Chairman Smith, Ranking Member Sanchez, and members of the committee for this opportunity to testify on...
South Korea’s Online Platform Fairness Bill A New Digital Nontariff Barrier in U.S.-ROK Trade
The Online Platform Fairness Bill proposed in the Republic of Korea (ROK) National Assembly is less a targeted fix for demonstrable market failure than a sweeping expansion of regulatory authorities that would hand the Korea Fair Trade Commission (KFTC) significant powers to police routine platform business decisions, including for many leading American firms.[1] This proposal, which continues the on-again, off-again saga of ROK platform regulation proposals over the past several years,...
Codeveloping the Model: U.S. and ASEAN Cooperation in Shaping and Deploying AI
Association of Southeast Asian Nations (ASEAN) member countries and the United States share an innovation-driven approach to artificial intelligence (AI) and a common interest in maximizing its impact. To realize this potential, both sides need to upgrade the architecture and ambition of their cooperation. As it advances the international pillar of its AI Action Plan, the Trump administration should make ASEAN a priority partner.
Understanding the Impact of KFTC Enforcement on U.S. Firms Qualitative Evidence and Analysis
As the Trump administration continues to highlight non-tariff barriers against U.S. firms as a policy priority in trade negotiations, the discriminatory use of competition policy against U.S. firms has emerged as a priority issue.
The Middle East's Big Bet On Artificial Intelligence And Data Security
The states of the Persian Gulf are moving rapidly to establish themselves as global centers of investment and innovation in artificial intelligence (AI). The Kingdom of Saudi Arabia, the United Arab Emirates (UAE), and the State of Qatar are making substantial outlays in technology and infrastructure as they seek to diversify their economies away from oil.
The Case for U.S. Leadership on Global Data Governance
Cross-border data flows are foundational to the technologies—cloud, software, search, social networks, and artificial intelligence—that demonstrate U.S. technology leadership. A U.S. technology strategy that fails to prioritize global data policy leaves U.S. firms and innovation exposed to rising digital protectionism and rival regulatory models, which undermine their market access and ability to set international standards.
Artificial Intelligence And Open Source Data And Software: Contrasting Perspectives, Legal Risks, And Observations
CM Crowell & Moring LLP More Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
Safeguarding U.S. Companies from Unfair South Korean Competition Policies
Advanced technology goods and services play a crucial role in shaping the trade relationship between the United States and the Republic of Korea (ROK). For U.S. firms, South Korea is a key market as well as a major source of talent, innovation, and partnership. For South Korea, U.S. firms are major employers and providers of digital products and services.
Ready To Know Your Data? DOJ Issues Implementation And Enforcement Guidance For Data Security Program Protecting Bulk Sensitive Data
On April 11, 2025, the U.S. Department of Justice (DOJ) issued guidance regarding the implementation and enforcement of the newly enacted final rule, "Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons," now referred to as the Data Security Program (DSP). The release included an Implementation and Enforcement Policy, a Compliance Guide, and Frequently Asked Questions (FAQs).
Asia-Pacific Strives To Keep Pace With Cyber Threats
The Asia-Pacific (APAC) region witnessed a rapid digital transformation in 2024, powered by its connectivity and technological innovations. However, these advancements have introduced new vulnerabilities into the region's digital ecosystem, which more sophisticated and nuanced cyber threats are already exploiting. In Q2 2024 alone, the APAC region experienced an average of 2,510 weekly cyberattacks per organization, marking a 23 percent increase compared to the same period in 2023.
China Unveils New Framework To Stimulate Cross-Border Data Flows: Risk Or Opportunity For Multinational Companies
In a move that underscores the evolving landscape of global data governance, China announced a new initiative aimed at fostering cross-border data flows. On November 17, Chinese President Xi the launch of a "Global Cross-Border Data Flow Cooperation Initiative" while attending the Asia Pacific Economic Cooperation (APEC) leaders meeting in Lima, Peru.
Early Insights And Projections On Digital Policy In A Second Trump Administration
While it is unclear at this stage what exactly a second Trump administration means for U.S. digital, technology, and trade policy, one thing that is clear is that it will involve major changes, especially as it relates to the potential for high, broad tariffs. Media reports and commentary and recent personnel appointments give some early clues on what else a second Trump administration may do.
The Biden Administration Overreacts Responding to China’s Role in Setting Standards for Quantum Technologies
The Biden administration has overreacted to geopolitical competition with China over setting technical standards for quantum technology. It made a mistake in pushing for a new International Standards Organization (ISO) and International Electromagnetic Commission (IEC) joint technical committee (JTC) on standards for quantum technologies. Quantum technologies are still immature and do not need a new, broad framework as early, targeted standards discussions were already underway elsewhere.
The US-China Tech Conflict Fractures Global Technical Standards: The Case of Semiconductors and the RISC-V Standard
Semiconductors are again in the crosshairs of U.S. policymakers over national security concerns about China’s role in the open-source semiconductor architecture known as RISC-V. In November, 2023, members of the U.S. Congress’s China Select Committee sent a letter to Commerce Secretary Raimondo, calling on the Department to use export control rules to prohibit U.S. firms from participating in RISC-V as they think Chinese participants use RISC-V to support China’s geopolitical interests.
Public Knowledge vs. Progress: The Debate on Website Blocking in the United States and Elsewhere
| May 6, 2024 It’s well known that the United States lags the European Union and many other countries in not having a national privacy law, but less known is that it also lags in supporting and protecting its content creators in allowing them to ask courts for injunctions for Internet Service Providers (ISPs) to block access to websites involved in the mass distribution of pirated content.
Comments to the Department of Commerce Regarding Significant Malicious Cyber-Enabled Activities
The Information Technology and Innovation Foundation (ITIF) welcomes the opportunity to submit comments in response to the advance notice of proposed rulemaking (ANPRM) on “Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities.”[1] ITIF is a non-profit, non-partisan public policy think tank focused on technological innovation and public policy.
Technical and Legal Criteria for Assessing Cloud Trustworthiness
KEY TAKEAWAYS Concerns about trusting cloud services have existed since their creation, but recent concerns about governments compelling access to cloud firms’ data and services are leading to misguided knee-jerk reactions based on nationality. Focusing solely on a firm’s nationality without considering how a firm or its home country contributes to or detracts from cloud trustworthiness does little to enhance cloud cybersecurity and data privacy and create an open and competitive cloud market.
If China Is Weaponizing Access to U.S. Data, We Need to See the Evidence
| April 5, 2024 The Biden administration in recent months has raised alarms and taken a series of actions to prevent sensitive U.S. data from falling into the Chinese government’s hands—from an executive order preventing access to sensitive U.S. data by “countries of concern” to an investigation into Chinese-made connected cars, and a decision to remove and replace Chinese-made cranes from U.S. ports.
Why the United States and EU Should Seize the Moment to Cooperate on Cybersecurity Labeling for IoT Devices
KEY TAKEAWAYS The proliferating range of connected products comprising the Internet of Things (IoT)—from smart speakers to climate-control systems—is susceptible to relatively common security vulnerabilities that are increasingly exploited by cybercriminals. Many consumers do not feel well informed about the security of their devices and do not have a clear and easy way to find trustworthy security information. A standardized labeling system would help address this need.
Warner-Blackburn Bill to Maintain US Leadership in Technical Standards Is Well-Intentioned, But Needs Fixing and Funding
Policymakers in the United States are increasingly focusing on technical standards for artificial intelligence (AI) and other critical and emerging technologies (CETs), especially because they’re accustomed to their firms and their experts being global standards-setters and are concerned about China’s growing participation.
U.S.-ROK Data Policy: Challenges and Opportunities
EXECUTIVE SUMMARY MAIN ARGUMENT In the first section, Nigel Cory points to several areas where the data policies of the Republic of Korea (ROK) are more stringent than those in the United States and discusses how these policies can hinder cross-border digital commerce.
U.S.-ROK Data Policy: Challenges and Opportunities
| March 5, 2024 Nigel Cory and Nohyoung Park, “U.S.-ROK Data Policy: Challenges and Opportunities,” in NBR Special Report 107, U.S.-ROK Tech Cooperation: Export Controls, Data Policy, and Artificial Intelligence, edited by Gwanhoo Lee and Doug Strub (Seattle, Washington: The National Bureau of Asian Research, March 2024).
Coalition Letter to the Biden Administration on Protecting the Free and Open Internet
| February 26, 2024 As global leaders prepared to meet at the 13th ministerial conference of the World Trade Organization, ITIF and a coalition of civil rights, civil liberties, open Internet advocates, and digital trade experts, urged top Biden administration officials to support a free and open global Internet, while allowing for critical public policy objectives to support privacy and equity.
Podcast: We Need to Remain Proactive About Supporting Digital Free Trade, With Nigel Cory
Forced local data storage requirements are at the heart of both digital protectionism and digital authoritarianism. Rob and Jackie sat down with Nigel Cory, associate director covering trade policy at ITIF, to discuss how data localization reduces trade, slows productivity, and increases prices. [Player Embed] Nigel Cory, “How the G7 Can Use ‘Data Free Flow With Trust’ to Build Global Data Governance,” (ITIF, July 2023).
USTR Tai’s Justification to Take a Time-out on Digital Trade Does Not Hold Up
U.S. Trade Representative (USTR) Tai has sought to justify her controversial decision to withdraw from key digital trade negotiations at the World Trade Organization (WTO), by, among other things, stating that the United States needs to have “policy space” for new laws on privacy and other issues before it can negotiate.
China Gains as U.S. Abandons Digital Policy Negotiations
By Nigel Cory and Samm Sacks | November 16, 2023 The future of U.S. global digital policy hangs in the balance following a shock decision by the office of the United States Trade Representative (USTR) that the United States no longer supports provisions that protect cross-border data flows, prohibit forced data localization, safeguard source code, and prohibit countries from discriminating against digital products in the World Trade Organization (WTO).
China Gains as U.S. Abandons Digital Policy Negotiations Original
The future of U.S. global digital policy hangs in the balance following a shock decision by the office of the United States Trade Representative (USTR) that the United States no longer supports provisions that protect cross-border data flows, prohibit forced data localization, safeguard source code, and prohibit countries from discriminating against digital products in the World Trade Organization (WTO).
Comments on the Joint ITA-NIST-USPTO Collaboration Initiative Regarding Standards
| November 6, 2023 Introduction and Summary. 1 SEPs, Intellectual Property, and the Geopolitical Competition for Innovation Advantage. 3 SEPs as Another Point of Conflict in the Geopolitical Battle Over Technology. 5 Europe’s SEP Proposal Provides an Opening for China to Replicate and Repurpose It for Industrial Policy. 6 Chinese Intellectual Property Data Tells Us About Potential Discriminatory Treatment Under a New Centralized, Top-Down SEP Mechanism..
Unpacking the Biden Administration’s Strategy for Technical Standards: The Good, the Bad, and Ideas for Improvement
Success in the increasingly fierce competition for tech leadership relies partly on how well each country’s respective firms and experts influence the development of technical standards. Companies in the United States and their experts are key players because they are skilled at using the open, voluntary, industry-led, and consensus-based rules of standards organizations to turn their innovations into accepted technical specifications.
Testimony to the U.S. House Ways & Means Subcommittee on Trade Regarding Reforming the Generalized System of Preferences to Safeguard U.S. Supply Chains and Combat China
| September 20, 2023 Introduction. 2 The Many and Growing Types of Digital Trade Barriers. 4 Digital Trade Barriers Impact U.S. Competitiveness, Exports, and Workers, Especially for SMEs. 6 Data Localization Enables Digital Authoritarianism.. 8 Trade Data Show GSP Provides the United States With Critical Leverage to Roll Back Digital Trade Barriers. 9 U.S. Digital Trade with GSP Countries is Growing; Restrictions Would Prevent Future Growth in Large, Growing Economies.
Unlocking EU Global Digital Trade: New Study Shows the US’s Key Role in EU Data Adequacy Determinations
There’s little empirical research on the impact that the European Union’s (EU) adequacy determinations—where it assesses whether a country’s privacy laws are equivalent to its General Data Protection Regulation (GDPR)—has had on digital trade.
How the United States and CPTPP Countries Can Stop Vietnam’s Slide Toward China-Like Digital Protection and Authoritarianism
President Biden’s visit to Vietnam on September 10 highlights Vietnam’s critical role in regional defense, economic, and technology issues, given its central proximity and interests in the U.S.-China techno-economic conflict. The newly elevated “strategic partnership” will help Vietnam seize more high-tech economic activity in semiconductors and artificial intelligence, some of which will inevitably come from China.
Korea Should Reject Digital Protectionism
In 2019, South Korea enjoyed a trade surplus with the United States of $7.6 billion (8.7 trillion won). And yet, even with this surplus, the Korean government has engaged in digital protectionism against the United States. While Korean firms benefit from unfettered access to the U.S. digital economy, U.S. firms do not have the same access in Korea as the government has enacted restrictions that unfairly target U.S. cloud and digital services providers. Examples abound.
The U.S.-China Tech Conflict Fractures Global Technical Standards: The Example of Server and Datacenter Energy Efficiency
| August 22, 2023 Sanctions play a crucial role in the United States’ tech and trade conflict with China. They prevent Chinese companies from acquiring advanced U.S. technologies and entering the U.S. market. Huawei—the world’s largest telecommunications firm—is among the most targeted Chinese firms due to concerns that it assists the Chinese Communist Party spy on the United States (and its allies).
How the G7 Can Use “Data Free Flow With Trust” to Build Global Data Governance
KEY TAKEAWAYS Since Japan launched the “Data Free Flow with Trust” (DFFT) initiative, global competition and conflict over digital issues have only intensified. Yet, leading digital countries at the G7 and elsewhere still can’t demonstrate what DFFT means in practice. Japan, the United States, the European Union, and others need to develop tangible and pragmatic ways to show other countries how to address legitimate concerns about global data governance.
Comments to the USTR Regarding the Work of the North American Competitiveness Committee
Contents Introduction. 1 The Case for a North American Production System.. 2 Global Trade Interdependence: U.S. Trade Linkages with Canada and Mexico. 6 Trade Linkages Between the United States and Mexico. 6 Value-Added Trade Balance. 8 Updated Analysis: Trade in Intermediate Inputs by Industry. 10 The Hamilton Index: Assessing National Performance in the Competition for Advanced Industries. 15 Country-By-Country and North American Performance. 18 United States. 18 Mexico.
The Administration Should Disregard Progressives’ Unfair Attacks on Its Digital Trade Agenda
Some progressive senators and House members, as well as a swath of anti-tech, anti-trade advocates are reflexively attacking the Biden administration’s efforts to negotiate new digital trade rules in the Indo Pacific Economic Framework (IPEF) on the assumption that the more foreign countries can weaken U.S. technology firms, the better off America will be.
The Meta Case: A Wake-Up Call for the Biden Administration to Safeguard Transatlantic Digital Trade and American Interests
By Nigel Cory and Daniel Castro | May 23, 2023 The Biden administration needs to realize that unless it applies real pressure on the European Union (EU) to take action—and responsibility—for the way its regulators target U.S. firms with its data protection law, then its efforts to use the EU-U.S. Trade and Technology Council (TTC) to define its new approach to transatlantic digital trade will largely come to naught.
APEC 2023: A Useful and Realistic Digital Agenda for the United States’ Host Year
| May 9, 2023 The U.S. State Department has highlighted three broad policy priorities—interconnection, innovation, and inclusion—to guide the United States during its year as host and chair of the Asia-Pacific Economic Cooperation (APEC). The Biden administration, however, has not provided high-level direction for exactly what it hopes to achieve.
APEC 2023: A Useful and Realistic Digital Agenda for the United States’ Host Year
The U.S. State Department has highlighted three broad policy priorities—interconnection, innovation, and inclusion—to guide the United States during its year as host and chair of the Asia-Pacific Economic Cooperation (APEC). The Biden administration, however, has not provided high-level direction for exactly what it hopes to achieve. Thankfully, this has not stopped the United States’ highly capable economic policy officials from laying the groundwork to make its APEC host year a success.
Time for Competitive Realism
U.S. foreign policy over the last decade has seen a tectonic shift toward trade, technology, and economic security issues. Whereas the Cold War with the Soviet Union was principally waged with military might, the new geopolitical competition with China is at its heart a contest of economic power, which in turn hinges on technology leadership.
Data is Not Oil, Bacon, or Gold: An Actual Measure of Data as an Asset
Data is central to today’s economy, yet its economic value is unknown. Traditional economic statistics (and stock market prices) do a poor job of capturing the value of data held by firms. The struggle to understand data leads to bad analogies—that it is the new oil, the new bacon, or the new gold—and to bad government policies, as policymakers can’t make an informed cost-benefit analysis of digital policies, such as privacy, cybersecurity, digital trade, or innovation.
Comments to Attorney-General’s Department Regarding Australia’s Privacy Act Review
| April 3, 2023 Contents Overview. 1 Data Flows, Data Localization, and Interoperable Domestic and Global Data Governance 3 The False Promise of Data localization. 5 The EU’s GDPR and Adequacy Determinations: A Costly, Misguided, and Inconsistent Approach to Privacy and Data Transfers 9 Global Cross Border Privacy Rules and Global Data Governance 16 Conclusion.
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