Trade Agreements Should Protect An Open Internet, Not Kill It
from the fighting-for-the-future,-or-the-past? dept
For a few years now, we've been writing about the Trans Pacific Partnership (TPP) agreement, and how we're quite concerned by many aspects of it. In particular, we're quite concerned about the intellectual property provisions -- which leaks have shown are tremendously problematic -- as well as the corporate sovereignty provisions, which negotiators like to call "investor state dispute settlement" (ISDS) because it sounds so boring. Of course, the biggest concern of all is that these deals are negotiated in total secrecy, with the various negotiators refusing to reveal the agreed upon text until it's a done deal and the public is unable to comment on it or suggest changes and fixes.In the fight over the TPP (and the other big trade agreement, with Europe, called the TTIP or TAFTA), an important side issue is over so-called "fast track" authority, or (more officially) "trade promotion authority." This is where Congress basically tells the USTR that it will only take a single "yes/no" vote on whatever the USTR comes back with, rather than delving into the details of the trade agreement and challenging specific aspects of it. In fact, there's an argument that, without fast track authority, the USTR can't really commit the US to anything. What's really odd is that, in a Republican-controlled Congress that seems to want to fight President Obama on just about anything that even has a whiff of the executive branch having more power, it's those Republicans in Congress who are pushing strongly for fast track authority -- effectively giving up their (Constitutionally-mandated) power to regulate international trade.
Either way, it is strongly expected that Congress will introduce some sort of Trade Promotion Authority bill in the coming days, even as the key Democrat involved in this issue, Senator Ron Wyden, has pushed back on hearings planned by Senator Orrin Hatch for later this week.
To try to justify giving up Congress's own power to the executive branch, defenders of trade promotion authority, such as Paul Ryan, claim that it's actually Congress "asserting its authority in the early stages of a trade negotiation." That's clearly bullshit, since TPP is in its final stages, after being negotiated for many years. The other claim is that because of the way trade promotion authority works, it involves a bill that tells the USTR what needs to be included in any agreement. Again, while that is used to make it look like it's Congress presenting its desires to the USTR, which has to follow it, that would only make sense if TPA was offered at the beginning -- not the end -- of the negotiations.
Even Paul Krugman, who was initially a supporter of the TPP eventually changed his tune. Most recently, in response to President Obama's latest call for trade promotion authority, Krugman referred to it as suspicious nonsense. He supports trade deals, but "strongly suspects" there's "bad stuff hidden in the fine print." Of course, that wouldn't be such a concern if the USTR actually released the drafts it's pitching, but that apparently will never happen.
And that brings us (finally) to the question of what will be in the eventual push for fast track authority, that is expected to come out any day now. Daniel Sepulveda, who is sort of the US's "ambassador to the internet," just gave a speech talking about how fast track can help protect the open internet. He notes, rightly, that it's important to "[preserve] the free flow of information, to protect the internet's potential as the world's engine for future growth." He further points out that "the increase in Internet use creates significant economic potential." But, oddly, he claims that fast track can somehow guarantee this -- when previous attempts at fast track have shown no such thing. Here's Sepulveda:
The Obama Administration is working to unlock the promise of e-commerce, keep the Internet free and open, promote competitive access for telecommunications suppliers, and set digital trade rules-of-the-road by negotiating new trade agreements. Trade Promotion Authority legislation and the pending trade agreements we expect Congress to consider over the coming months and years will provide that kind of protection. These agreements aim to ensure that the free flow of information and data are the default setting for nations. This will preserve the architecture that has empowered the Internet and global communications to fuel economic growth at home and abroad. It is in our interest, across parties and ideology, to ensure we move forward and approve TPA and the pending agreements for many reasons, but promoting the preservation and growth of global communications and the open Internet is one of the strongest.I agree that preserving an open internet is important -- and I wish that our trade deals did exactly that, but they don't. In particular, the intellectual property sections of various trade agreements have not been focused on preserving an open internet, but on shutting it down. We've been asking for nearly a decade how protectionist policies aimed at propping up a legacy industry's obsolete business models is "promoting free trade." It seems like the opposite.
And, in fact, if you look at the version of the "fast track" legislation that was introduced in the last Congress, you'll notice that the section it has on intellectual property is almost entirely focused on ratcheting up enforcement and protection. It only talks about intellectual property enforcement, including "meeting enforcement obligations," and "providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property." It includes sections that are all about protectionism and enforcement, rather than "free trade."
Providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property, including in a manner that facilitates legitimate digital trade;In fact, if you look, these clauses are almost verbatim from the last time Congress granted trade promotion authority, back in 2002, with the 2002 Trade Act. Check out the section in that law about intellectual property and you may notice a rather striking similarity to what was in the last Congress's attempt, put together by Senator Orrin Hatch, who's leading the charge this time around as well:
Preventing or eliminating discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights;
Ensuring that standards of protection and enforcement keep pace with technological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works;
Providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms.
Providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property;Look familiar? Other than the inclusion of the phrase "including in a manner that facilitates legitimate digital trade," they are identical. And yet, think about just how much the world has changed since 2002 -- and how important we know the internet is, and how much we've learned about how intellectual property law can be widely abused to harm or break the open internet.
Preventing or eliminating discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights;
Ensuring that standards of protection and enforcement keep pace with technological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works; and
Providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms;
Since then, we've seen the DMCA used repeatedly to stifle free expression. We've seen Russia using copyright law to stifle political dissent. We've seen how plans to use copyright law to block access to certain sites enable an architecture of censorship. We've seen news publications seized and popular digital storage lockers shut down completely via copyright claims.
Given all that, it's difficult to see how the US can actually be serious about protecting an open and free internet, if it's going to continue to use trade agreements like the TPP -- to push for greater tools like those described above, that simply put the ability to censor the internet, and to take down innovative services, into trade agreements. If, when the eventual trade promotion authority bill comes out, it includes this same language all over again, you can be sure that the TPP is not about protecting an open internet, but rather about protecting a few legacy businesses, and enabling government to shut down and stop the open internet.
I'm a believer in free trade and open borders. I know that some are protesting agreements like the TPP because they don't like free trade itself, and think it's problematic. That's not my concern. My concern is that what's being done in the name of free trade, and in the name of an open internet, is anything but that. It's about protecting the past, not investing in and enabling the future. We all have our concerns about what's in the various sections of the TPP (which could be solved today if the USTR just released the damn documents), but our first hint of what's really going on here will be evident by how the "intellectual property" section of the expected TPA bill is written. If it's just repeating the same misleading lines from 2002, you can be sure that the TPP is just as big a problem as expected.
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Filed Under: corporate sovereignty, daniel sepulveda, fast track, fast track authority, freedom of expression, intellectual property, open internet, orrin hatch, ron wyden, tpp, trade promotion authority
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That sounds suspiciously like freedom for corporations to use the Internet as a means of selling to the public, while restricting the publics use of the Internet so as to protect corporate interests.
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Nice, but not needed
No 'trade' agreement, treaty, or anything similar that is shrouded in secrecy should be accepted by the public and it's (theoretical) representatives, and this one is no different.
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Just like supporting the Iraq invasion and so many other disasterous policies, and then trying to back out when the winds change direction, Paul Krugman is the ultimate me-too "bandwagon"-type who almost never opposes the status quo.
People like Krugman are nothing more than lapdogs to the ruling powers, giving them cover while trying to appear as some kind of unbiased intellectual guru (though one with a track record of being disasterously wrong much of the time), who by strange coincidence supports whatever policies the establishment is pushing, but eventually bails out when he realizes that he'll be going down with a sinking ship.
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Re: Trade agreements should
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Misnamed
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I have a question
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Money Makes The World...
It's a business transaction, not a town hall meeting, for profits' sake...
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SOTU
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TPP, et al; WARREN BUFFETT; "The WHITE KNIGHT'
TPP, CETA, TTIP, Global Treaties; Corporate 'USA' & SHAREHOLDERS Secretly Using Tax Dollars to Implement SECRET Suing Machine to HAMMER Non Shareholders. Time to Re-Set 'Game'?
Will corp.'USA' et al, & Feds to Prepay $Billions for All 'Trade' Treaty/'Arrangements', et al, Secret ('Death-Star-Chamber) Tribunals' Punitive Damages to Protect Home Territory's Taxpayers? Other Territories, Municipalities, et al, "...(we) need to control corp. USA's 'Contributions'".
Undemocratic, Higher Taxes & More Cuts to Services to Pay Secret Penalties; NON Shareholders Have to Pay corporates USA, Japan, Australia, Germany, Canada, et al, & their SHAREHOLDERS.
How Much are You Selling your Right to Sue the Global Corporate Economy for?
But, If Not PUTIN; 'The WHITE KNIGHT', then Who Do YOU Want to Bankroll the Saving the harmless NON shareholders of the World from Fast Tracking TPP's, CETA's (TTIP) Secret 'Death-Star-Chamber' Tribunal Penalties?
Will China, Iran, the Muslim World, et al, Support Putin in Suits?
How about Warren Buffett, et al?
It will be good for, not only the NON shareholders of the enterprises that can be generated by the on-going global 'cooperation' of corporate treaties, agreements, partnerships, et al, including the Trans Pacific Partnership, the EU - Canada CETA, TTIP, the China - Canada Investment Treaty, et al,
but,
for the potential shareholders, as well,
who are quite interested to know if President Xi Jinping (China) will support Russia as a co-member of B.R.I.C.S. when President Putin uses his potential role as 'The White Knight'.
And, while President Putin's potential support as 'The WHITE KNIGHT' in the development of the TPP, et al, litigation below can dramatically off-set the hundreds of billions of dollars due to the present & future sanctions leveled by American led, et al, corporations & financial institutions via their governments' signing their global corporate economic treaties/'arrangements',
and the potential for making trillions of dollars for the Russian economy over the next 30 - 40 years & beyond,
are the citizens (SHAREHOLDERS & NON shareholders) of Germany & JAPAN just being prudent in wanting to wait for the outcome of:
1) The Submission to The SUPREME COURT of CANADA & the highest court in Germany, et al, to make their findings regarding 'The Submission':
'The SHAREHOLDERS & Corporations of AMERICA, CHINA, Japan, Germany, Canada, et al
v
the harmless Canadian NON shareholders, both; Native & non Native, et al'?
(see; davidehsmith.wordpress.com)
and
2) 'The MERKEL (Chancellor of Germany) Letter; To Sue, or, Be Sued?'
(see; davidehsmith.wordpress.com)
Have the federal representatives of the nations that are the potential signatories of TPP, TTIP, et al, willingly provided the NON shareholders of US, Canada, Europe, the Trans Pacific nations, et al, with the aforementioned information? Are the federal representatives, et al, depriving the NON shareholders of Canada, et al, of the due diligence information that enables the family of the NON shareholders of Canada, et al, to make informed decisions regarding their financial planning?
And, would a reasonable person conclude by a preponderance of the evidence, &/or, beyond a reasonable doubt, that these documents, et al, demonstrate that the SHAREHOLDERS of AMERICA, CANADA , the EU & Trans Pacific nations, et al, really do not care which NON shareholders pay them the punitive penalties, etc., by way of their secret ('Death-Star Chamber') TRIBUNALS, as long as its not the SHAREHOLDERS who pay & not their corporations regardless of which country the corporations:
1) operating from,
2) maintain their headquarters,
3) use to do their cyber banking, accounting, 'taxation', etc.
&
4) et al?
And, re; the CHINA – Canada Investment Treaty (C-CIT), et al, is it understandable why the 'coveted' Hong Kong investor & his associates are 'concerned' with the aforementioned findings of The SUPREME COURT of CANADA, et al, & the effects of the potential findings, et al, on the EU, AMERICA, the Trans Pacific nations, et al, treaties with CHINA, et al?
In regard to arms sales (and other 'contentious' products & services) ; how about the sale of arms (non nuclear) in general in regard to the 'trade' treaties that are continuing to be secretly negotiated and how will the Tribunals, both; B.R.I.C.S. & non BRICS, adjudicate, decide & penalize the NON SHAREHOLDERS for the sale of legitimate, semi- legitimate & 'illegal' sales of arms within the signatories nations & the those of others, &/or, unaligned? Of particular, interest is China, which does have an treaty with Canada, which puts China 'at odds' with other arms manufacturing & nuclear powers that it (China) does not have any 'arrangements' with.
Are these types of questions that your politicians & the corporate lobbyists calls 'forget-me-nots' ('Buyer Beware') that will be (maybe) worked out after the fast tracked signatures are obtained?
And, what do you think is the significance of the line in The Submission to The Supreme Court of Canada '...And, lest one forgets that the revelation of the present perilous international treaties/'arrangements' began with the regard for the rights of Native Canadians as per the Treaties/'arrangements' that corporate Canada & the Government of Canada have 'foisted' upon Native Canadians...'? What are the various ways that this line will cost the SHAREHOLDERS, et al?
On the other hand, it may be worth repeating yet again,
'What the TREATY of VERSAILLES was to the 20th century PALES in COMPARISON to the TPP, CETA, C-CIT, NAFTA, et al, in the 21st'.
And, how will YOUR submission to YOUR highest court IMPROVE upon The Submission that is presently before The Supreme Court of Canada?
David E.H. Smith
- Researcher
- 'Qui tam...'
******
Please consider sharing the enclosed information & questions with 10 members of your family, friends, associates in order that they can use the due diligence info to make more informed decision about their families' financial planning, & then they can share it with 10 others...
******
For more Information & Questions re; The Relationship between Human (Nature) Rights & Economics by way of the C-CI Treaty, the CET Agreement, TPP, et al, and The WAD Accord
&
List of RECENT ARTICLES, LETTERS & NOTIFICATIONS by DEHS,
see; davidehsmith.wordpress.com
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Orrin & the Supremes
"Again and again, the President has demonstrated he is accountable to no one, not even the American people."
Seriously Mr Senator, as one who is, at present, a total shill-tool for the metastasizing end-stage web of capitalist tumors promoting the several 'trade partnerships' - which connive to TOTALLY EXCLUDE public review and comment and ultimately SUBVERT DEMOCRATIC PROCESS in these matters - HOW DARE YOU?!?
(The statement quoted above continues to self-backslap Mr Hatch for his relentless support of freedom and babies...)
(However, I don't disagree that Mr Obama is as stated in the quote.)
A blip of this was carried on local TV news in Utah Tuesday evening, but as yet no on-line versions appear when searching for 'orrin' thereon.
As I find little 'mainstream' coverage of this whole taudry trade nonsense, apparently the various major news outlets wish to keep these matters out of the public eye - surprise! (Yet-another affirmation of the inevitable abuse by allowing 'news' sources to be controlled by entertainment industry / broadcast and internet providers, who in turn bankroll various govt agencies. Ergo, Leni Riefenstahl 2.0.)
In any case, gentle TD readers, as your consciences may allow - please join me in astro-blogging any articles regarding Mr Hatch's pronouncement by making the connection to his attempts to abet the obstruction of democracy vis-a-vis 'free trade'.
I've not yet read throughly the post immediately above which. at a glance, appears to cover another point that occurred to me, which was ... I'm No Constitutional Lawyer (INCL?) but - I cannot imagine that the abuse of fast-track legislation to bypass complete citizen review isn't something which is actionable by SCOTUS - how about a pre-emptive censure here?
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