USTR Claims TPP Has 'Unprecedented' Transparency, But It Won't Reveal The Details Unless You're A Big Industry Lobbyist

from the not-how-to-do-things dept

Mon, Feb 20th 2012 7:40am — Mike Masnick

You would think that after the response to SOPA as well as the ongoing (and growing) movement against ACTA, that the USTR would heed some of the warning signs, and stop pushing trade agreements negotiated in secret with the help of Hollywood. But, that's just not how the USTR works, apparently. When pressed to release a draft of the intellectual property sections of the new Trans Pacific Partnership Agreement (TPP), the USTR apparently told a bunch of civil liberties/civil society groups that the current level of transparency on TPP was "unprecedented." And to prove it, they refused to let anyone see the draft document. At this point, it seems like the USTR simply thinks that lying to the public is its best course of action. We've already pointed out that the TPP negotiations are actually significantly more secret than even the already unprecedented levels of secrecy in ACTA.

So what could the USTR possibly mean in claiming that the TPP process has been transparent? Well, they like to talk about their "Industry Trade Advisory Committees" (ITACs), who get to see the documents and provide input. The USTR apparently insisted that "no one" on those boards were lobbyists. Yet, Jamie Love, over at KEI (who was present at this meeting) has listed out the members of these ITACs to show that, once again, the USTR is lying. Among the folks on the relevant ITACs are executives from a variety of lobbying groups, including the MPAA, the RIAA, the ESA, and PhRMA. In other words, all of the big corporate interests known for their desire to only expand IP law and enforcement to protect their own business models.

This is exactly the kind of thing that people have been protesting about SOPA and ACTA: crony capitalism with backroom deals involving old, slow and obsolete industry interests helping to write the laws that hold back innovation for the sake of keeping them from having to innovate. The USTR should be ashamed of itself. It should really open up the process. Release the drafts public, request open feedback, and stop just listening to one side of the story.

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Filed Under: copyright, lobbyists, patents, secrecy, tpp, ustr

42 Comments

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Anonymous Coward, 20 Feb 2012 @ 7:46am

Is the USTR a specific individual or is it a department within the bureaucracy of the government? I think its time we figured that out and called this individual or these individuals to task.
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Anonymous Coward, 20 Feb 2012 @ 7:49am

"So what could the USTR possibly mean in claiming that the TPP process has been transparent?"

Is it because it is invisible?
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Pink floyd, 20 Feb 2012 @ 7:50am

TEAR DOWN THE WALL
TEAR DOWN THE WALL
TEAR DOWN THE WALL
TEAR DOWN THE WALL
of secracy
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Parts Per Million Man, 20 Feb 2012 @ 7:52am

It's True
To take the level of transparency to a negative amount is, in fact, "unprecedented".
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Josef Anvil (profile), 20 Feb 2012 @ 7:55am

They are being completely honest
How could you possibly dispute their claim????

"... the current level of transparency on TPP was "unprecedented."

The fact that you even know about TPP is unprecedented transparency.
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That Anonymous Coward (profile), 20 Feb 2012 @ 7:58am

They do not seem to know what that word means, failing to comprehend English in this manner should be grounds to have them removed.
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Anonymous Coward, 20 Feb 2012 @ 7:59am

Or maybe it is transparent because we can see right through their lies.
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Anonymous Coward, 20 Feb 2012 @ 8:02am

USTR isn't lying
It is completely unprecedented that - contrary to all laws of physics - the USTR has actually discovered negative transparency.
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Gwiz (profile), 20 Feb 2012 @ 8:03am

I was poking around on the USTR's website and I found this interesting image:

http://www.ustr.gov/webfm_send/3003

I think they need to amend it with a large asterisk next to the words "ACTA (or similar agreements)" and then a large arrow bypassing the congressional parts pointing directly to the "President Signs into Law" box.
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Anonymous Coward, 20 Feb 2012 @ 8:05am

Re: USTR isn't lying
They discovered negative transparency first by examining their own skulls: they're so opaque that nothing with substance ever gets through.
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Strofcon, 20 Feb 2012 @ 8:07am

Recourse?
So what would are the most effective means by which we could go SOPA/PIPA protest style on TPP and ACTA? How to we draw the same massive amount of attention to the USTR's dishonesty and drive a change in the direction of their actions? Who do we contact directly to show the flood of opposition to such tactics? I'm all for explaning the problem and drawing attention to it here, but we need to define avenues by which we can VERY publicly call them out for lying, and also melt their phones and inboxes with our input against the bad moves. As I always hear at work, "come with solutions, not just problems." :-)
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:Lobo Santo (profile), 20 Feb 2012 @ 8:10am

Re: Lobbyists
The USTR (much like the Federal Reserve) is in no way run by the Federal Government. They're a group dedicated to representing special interests; usually to the detriment of the public at large.
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BeachBumCowboy (profile), 20 Feb 2012 @ 8:12am

Unprecedented
The only thing unprecedented from the USTR is the amount of outright and open hypocrisy.
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Anonymous Coward, 20 Feb 2012 @ 8:15am

I agree, it's obviously transparent that these negotiations are purely self serving and that they are being made transparent to industry interests.
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Kiwini, 20 Feb 2012 @ 8:16am

Broken lawmaking process
It might help if we had someone at 1600 Pennsylvania Avenue who kept his promises about NOT doing this sort of backdoor hosing of the public.

"Hope and change"?...how's that all working out these days?.
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R.H. (profile), 20 Feb 2012 @ 8:22am

Re:
According to their website http://www.ustr.gov, the United States Trade Representative is an individual in charge of a department. Here's the list of major members: http://www.ustr.gov/about-us/biographies-key-officials where Ambassador Ron Kirk is listed as the United States Trade Representative.
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jupiterkansas (profile), 20 Feb 2012 @ 8:43am

Re: Broken lawmaking process
It's working out better than it would have under McCain and Palin, but yes Obama's record on transparency and copyright is dismal.
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Anonymous Coward, 20 Feb 2012 @ 8:43am

Has anyone submitted a Freedom of Information request to get copies of everything?
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crazylilting, 20 Feb 2012 @ 8:56am

Petition the United States Trade Representative's Freedom of Information office: to make the supporting text of the ACTA public.

http://www.change.org/petitions/united-states-trade-representatives-freedom-of-informatio n-office-to-make-the-supporting-text-of-the-acta-public
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Keroberos (profile), 20 Feb 2012 @ 8:58am

Re:
Has anyone submitted a Freedom of Information request to get copies of everything?
Wouldn't matter anyway. This is what you would probably get back.

The information about the Trans Pacific Partnership Agreement you have requested has been [REDACTED] for [REDACTED] reasons.
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Pixelation, 20 Feb 2012 @ 9:03am

Re: Re:
"Wouldn't matter anyway. This is what you would probably get back."

The Republican candidates could bring a copy to ask Obama about when he promises more transparency.
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Anonymous Coward, 20 Feb 2012 @ 9:12am

basically, i think people are going to have to accept that this type of behaviour is never going to stop. it doesn't matter what we do, it doesn't matter what we want to do int he futer. it is just going to continue. the problem is, we have allowed things to get out of hand. we have allowed people, corporations to get away with whatever they want. we have allowed governments to do what they want, after taking oaths to represent 'the people' instead of demanding they do what they were in office for and having gotten away with things for so long, it is now almost impossible to stop. how can the things that are happening now be regarded as anything other than people being dictated to? when certain corporations, industries and individuals are bringing into being, laws that will have drastic effects and repercussions on 'the people', whilst not even consulting or considering 'the people', how can that be considered anywhere near what happens in 'a democratic society'? we are allowing the piss to be taken out of us and demonstrating is not making anyone listen!
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Keroberos (profile), 20 Feb 2012 @ 9:23am

Re: Re: Re:
The Republican candidates could bring a copy to ask Obama about when he promises more transparency.
Of course that assumes they are planning on being more transparent themselves--something I see as highly unlikely.
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Bengie, 20 Feb 2012 @ 9:36am

I gotta give this a try
This is my first time doing this, so please give me feedback.

Mike, you are just a pirate who doesn't want to pay for an artist's hard work. Go cry somewhere else.
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Keroberos (profile), 20 Feb 2012 @ 9:41am

Re:
Your's is the exact response that they have been working to get for decades. Unfortunately, I fear that after the "coolness" factor of the current protests wear off it will be business as usual for Congress and the lobbyists, and it will become much harder for those of us that want to change things to get support from the general public in the future (although I hope it won't be).

As Thomas Jefferson said, "The price of freedom is eternal vigilance." The problem is lobbyists are paid to be ever vigilant, whereas the public can be easily distracted.
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Anonymous Coward, 20 Feb 2012 @ 9:51am

Sorry, stupid question:
Why is lying to the public not apparently illegal?

(No sarcasm here, btw.)
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Vidiot (profile), 20 Feb 2012 @ 9:52am

Re: TEAR DOWN THE WALL
Felony lyrics infringement... please present wrists for handcuffs.

Your pal,

USTR
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The eejit (profile), 20 Feb 2012 @ 9:54am

Re:
Then a violent revolution will come...

Not in terms of actual violence, necessarily, but definitely economic violence.
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Anonymoose Coward, 20 Feb 2012 @ 10:21am

Regulatory capture, ladies and gentlemen.
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Anonymous Coward, 20 Feb 2012 @ 10:41am

Re: Re: Re: Re:
@least they aren't lame enough to claim they will be more transparent when they know they won't.
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Anonymous Coward, 20 Feb 2012 @ 10:43am

Re: I gotta give this a try
not mean spirited enough.

2/5
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Rekrul, 20 Feb 2012 @ 10:52am

When pressed to release a draft of the intellectual property sections of the new Trans Pacific Partnership Agreement (TPP), the USTR apparently told a bunch of civil liberties/civil society groups that the current level of transparency on TPP was "unprecedented."

"You keep using that word. I do not think it means what you think it means."
- Inigo Montoya, The Princess Bride
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nasch (profile), 20 Feb 2012 @ 11:23am

Re: I gotta give this a try
The words "apologist" and "freetard" are good. "Pirate Mike" might help too.
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The eejit (profile), 20 Feb 2012 @ 11:23am

Re: Sorry, stupid question:
Because the High Court is in session.
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Petra, 20 Feb 2012 @ 12:51pm

Senator Hatch
We can't let this slide: Senator Hatch has said it would help the fight against piracy if the Government would destroy a few hundred thousand computers. I wonder if it could really come to that.
http://www.dethronehatch.com/orrin-hatch-is-no-friend-of-the-internet/
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Anonymous Coward, 20 Feb 2012 @ 1:26pm

Re: Broken lawmaking process
"It might help if we had someone at 1600 Pennsylvania Avenue who kept his promises about NOT doing this sort of backdoor hosing of the public."

Considering it's Republican Reps like Lamar Smith who are behind it, I'd say "Toss the Republican Rascals OUT!"
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Anonymous Coward, 20 Feb 2012 @ 1:27pm

Re: Re: Re:
"The Republican candidates could bring a copy to ask Obama about when he promises more transparency."

Republicans like Lamar Smith?
They're the ones preventing transparency!
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Anonymous Coward, 20 Feb 2012 @ 1:31pm

Re: I gotta give this a try
"Mike, you are just a pirate who doesn't want to pay for an artist's hard work. Go cry somewhere else."

Please show what Mike has "pirated", boy.
Otherwise you've just committed libel!
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nasch (profile), 20 Feb 2012 @ 1:53pm

Re: Re: Re: Re:
Republicans like Lamar Smith?
They're the ones preventing transparency!

Obama's record on transparency and openness has been pretty much awful. The Republicans have nothing to do with that (though plenty of their own problems).
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nasch (profile), 20 Feb 2012 @ 1:54pm

Re: Re: Broken lawmaking process
Considering it's Republican Reps like Lamar Smith who are behind it, I'd say "Toss the Republican Rascals OUT!"

What does Lamar Smith have to do with TPP?
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Anonymous Coward, 21 Feb 2012 @ 1:27am

Re: Re: Lobbyists
The USTR is part of the executive branch of the Federal government. The Head of the USTR is a member of the President's cabinet.
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lurch68b, 22 Feb 2012 @ 10:43am

You dont like it?!?!?!?
Well when it comes time to reelect your senators and congressmen DON'T VOTE FOR THE ASS HATS!!!!!! Vote for someone else, anyone else. The only way to effect change is to vote out the current batch of shrubs and get a new batch of shrubs.
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