ABSTRACT

In the information age, where teleconferences replace in-person meetings, where telecommuting replaces

going to the office, and where international networks facilitate global transmissions with the apparent

ease of calling your next-door neighbor, valuable assets change ownership at the speed of light. Louis

Jionet, Secretary-General of the French Commission on Data Processing and Liberties, stated that

“Information is power and economic information is economic power.” Customs officials and border

patrols cannot control the movement of these assets. But does this mean companies can transmit the

data, which either represents or is the valuable asset, without regard to the legal jurisdictions through

which they pass? To adequately address this question, this chapter discusses both the legal issues and

practical issues involved in transnational border data flows.