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134           Communication,  Commerce and Power

             By the early 1980s, it had become clear that the free flow policy was
           an inadequate means through which substantive international reforms
           could  be  generated.  This  was  due  to  the  absence  of the  leverage
           needed  to  compel  other  countries  to  accept  free  flow  as  a  legal
           principle which, under most conditions, would be prescient in relation
           to  prior consent.  But even  if they were  to become universally recog-
           nized,  the  failure  of free  flow  also  stemmed from  the unenforceable
           nature of such principles. In light of a mounting corporate reliance on
           international communications and information services, and the enor-
           mous  costs  involved  in  constructing  'seamless'  world-wide  telecom-
           munications  infrastructures,  finding  answers to questions concerning
           the  legality  and enforceability  of free  flow  became  matters  of great
           urgency.
             In  the  past,  US  telecommunications  interests  had  been  almost
           wholly identified with the interests of AT&T and Comsat. A common
           acceptance  of these  monopolies  and  their  complementary  relations
           with  Intelsat  and  PTTs  persisted  until  the  1970s.  But  by  the  early
           1980s, the growing number of US-based companies that had become
           dependent  on international communications,  and  their  demands  for
           specialized  services  and lower costs,  generated a  wide-scale  reassess-
           ment of both free flow policy and the persistence of largely uncompe-
           titive  telecommunications  markets .  Washington-based  communica-
                                         9
           tions consultant Roland Hornet told Congress in  1983  that 'until we
           in  the  US  exert  ourselves  to  redirect  the  swirl  of  'sovereignty'
           forces along more constructive paths, we face a potentially calamitous
           disintegration  of information  resources  and  relationships  that  will
           benefit  neither  United  States  interests  nor  the  international
           community.'Io
             From  an  intra-state  perspective,  dissatisfaction  with  free  flow
           emerged  in  step  with  the  application  of new  technologies.  For  ex-
           ample, as a result of the use of conventional telecommunication facil-
           ities  to  transfer  computer  software  across  national  borders,  the
           Department of Defense established the means to monitor such trans-
           missions.  When  this  practice  became  public  knowledge  in  1983,  the
           State Department was deluged with complaints from foreign govern-
           ments that this and other forms of US spying contravened the spirit of
           America's own free flow of information. II  The resulting State Depart-
           ment-DoD conflict  sharpened State-White House  frictions  over  the
           issue  of executive  branch  restrictions  to  so-called  'strategic  exports'
           involving limitations in the availability of US technologies and scient-
           ific  research  to  'ideologically  friendly'  countries.  In  the  minds  of
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