writes: The new agreement that would hamstring governments and citizens even further.
the EU would be forbidden from requiring that US companies like Google or Facebook keep the personal data of European citizens within the EU—one of the ideas currently being floated in Germany. Article 9.1 imposes a more general ban on requiring companies to locate some of their computing facilities in a territory: "No Party may require a service supplier, as a condition for supplying a service or investing in its territory, to: (a) use computing facilities located in the Party’s territory."
Article 6 of the leaked text seems to ban any country from using free software mandates: "No Party may require the transfer of, or access to, source code of software owned by a person of another Party, as a condition of providing services related to such software in its territory." The text goes on to specify that this only applies to "mass-market software," and does not apply to software used for critical infrastructure. It would still prevent a European government from specifying that its civil servants should use only open-source code for word processing—a sensible requirement given what we know about the deployment of backdoors in commercial software by the NSA and GCHQ.
Any agreement whose text has not been publicly released cannot possibly be a good agreement.