It is reported that foreign communications infrastructure providers have been asked to sign Network Security Agreements (NSAs) in order to operate in the US. The agreements impose local storage requirements for certain customers data as well as minimum periods of data retention for data such as billing records and access logs. It is also reported that the agreements require companies to maintain what amounts to an “internal corporate cell of American citizens with government clearances” ensuring that “when U.S. government agencies seek access to the massive amounts of data flowing through their networks, the companies have systems in place to provide it securely.”

The United States has joined agreements with binding commitments to open transfers of data across borders: the Agreement Between The United States Of America And Japan Concerning Digital Trade (Art. 11), and the United States - Mexico - Canada Agreement (Art. 19.11).

There is no comprehensive data protection law. However, there are sectoral laws, including those covering financial services, healthcare, telecommunications, and education.

Pursuant to the Code of Federal Regulations (§239.7602-2 of Part 239 of Chapter 2 of Title 48), cloud computing service providers to the U.S. Department of Defense (DoD) may be required to store data relating to the DoD within the US. The service provider's authorising official may authorise storage of such data outside of the US, but this will ultimately depend on the sensitivity of the data in question. Similarly, Section 2.1 of the Federal Risk and Management Program (FedRAMP) Control Specific Contract Clauses require agencies with 'specific data location requirements' to include contractual obligations identifying where 'data-at-rest […] shall be stored'.

The United States has not adopted laws or regulations requiring that data be stored locally in the United States. Nevertheless, it is reported that in some cases Team Telecom - an informal grouping of the Departments of Defence, Homeland Security and Justice, and the Federal Bureau of Investigation - imposes requirements to store data locally in security agreements and assurances letters as a condition for the grant of a licence or consent for a merger or acquisition. In such cases, Team Telecom may require that such data be stored only in the United States, or that copies of such data be made available in the United States.

The United States has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

According to the Communications Act of 1934 (as amended by Telecommunications Act of 1996) the Federal Communications Commission (FCC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

It is reported that the U.S. does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law.

In the United States, telecommunications licences are managed by the Federal Communications Commission. Foreign providers wishing to purchase a telecommunications licence must apply for a separate International 214 Licence. These licences carry an application fee of USD 1000 and it is reported that they have a comparatively slow processing time. Moreover, the Executive branch of the government or the Department of Homeland Security may pull applications for additional scrutiny.

It is reported that there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.

The Defend Trade Secrets Act (DTSA) provides a framework for the effective protection of trade secrets by establishing a federal claim for misappropriation of trade secrets. Until the adoption of the DTSA, trade secrets had been protected at the state level with all states, other than New York, adopting their own version of the Uniform Trade Secrets Act (UTSA). States adopting the UTSA impose liability for improper acquisition of trade secrets; use or disclosure of a trade secret is not required for liability, though additional damages may accrue. On the other hand, States (New York) adopting the Restatement of Torts (Section 757) approach require unauthorized use or disclosure for liability to accrue.

The US has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

The US has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Section 107 of Copyright Act provides that fair use for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research is not an infringement of copyright.

The United States is a party to the Patent Cooperation Treaty (PCT).