EFF: The Secrecy Must Be Stopped... Congress Members Probe USTR on the Confidential TPP Negotiations
posted by Keito
2012-09-28 10:39:15'The Trans-Pacific Partnership agreement (TPP) threatens to regulate and restrict the Internet in the name of enforcing intellectual property (IP) rights around the world, yet the public and civil society continue to be denied meaningful access to the official text and are even kept in the dark about what proposals countries are pushing in this powerful multilateral trade agreement. With users having sent over 80,000 messages to Congress asking them to demand transparency in the TPP using EFF's Action Center, Congress members have been urged into action to uncover the secrecy.
On September 20th, Representative Zoe Lofgren sent an additional follow-up letter to USTR, which EFF applauds. According to the letter, Rep. Lofgren, who has long been a strong advocate for digital rights and was a vocal opponent of SOPA, met with Ambassador Ron Kirk directly to discuss the TPP and her concerns over the lack of transparency in the process. The letter, which mentions that Ambassador Kirk told her he welcomed feedback on how to address the concerns, asks USTR to: balance TPP IP enforcement provisions with user privileges; diversify the policy perspectives on their Industry Trade Advisory Committee for IP; and be more transparent in its TPP negotiations overall.
Rep. Lofgren stated in her press release for the letter:
“TPP's IP provisions must not undermine the free expression of Internet users, the ability to share and create content online, the free and open character of the Internet, or the freedom of digital service providers to innovate. Lack of transparency and overbroad IP enforcement requirements have held back other international trade agreements in the recent past – these same issues are now undermining the results [USTR seeks] to achieve with TPP."
They have yet to hear back with a response from the USTR.
This is not Congress' first attempt to unveil TPP. As we have reported, Senator Ron Wyden and Representative Darrell Issa are currently working on gathering signatures from their colleagues in Congress to ask the US Trade Representative Ron Kirk to reveal what they are seeking in the TPP's IP chapter, specifically in relation to provisions that would impact the Internet and access to pharmaceutical drugs. And in June of this year, 130 Members of the House of Representatives sent a detailed letter to the USTR asserting Congress' required role in the trade negotiations, making specific requests as to how they could make the process democratic and transparent while emphasizing the ways in which it fails to be neither of those things. Two months later, the USTR responded [PDF] in a letter that did not address any of the specific issues raised by Congress members.
The USTR claims that at the outset of the TPP negotiations in 2009, the participating countries signed a confidentiality agreement. In the June letter from 130 US Representatives, they explicitly asked for "a copy of the confidentiality agreement and an explanation as to what role USTR or other governments played in crafting it." In the USTR's response letter they completely ignored this request.
However, the model confidentiality agreement that served as a base for the TPP negotiators is a public document, available at a page on the New Zealand Ministry of Foreign Affairs and Trade website. The model agreement lays out the rules of confidentiality for signatory countries over TPP draft texts, proposals, communications, and other documents relating to the negotiations over the agreement. It is not clear, however, whether the model mirrors the exact agreement USTR signed, and USTR is likely subject to internal confidentiality policies in addition to the agreement.
While the confidentiality “model letter" itself is extremely vague, it does contain some interesting parts:
It states that the negotiating texts, government proposals, emails, and other related documents can be "provided" to government officials.
It states that documents can be accessed by "persons outside government who participate in that government's domestic consultation process and who have a need to review or be advised of the information in these documents."
It holds that "all participants plan to hold these documents in confidence for four years after entry into force of the Trans-Pacific Partnership Agreement, or if no agreement enters into force, for four years after the last round of negotiations."
It lays out the level of security needed to protect the confidentiality of the agreement, including that it may be kept in a "locked filing cabinet" or within a "secured building". Amusingly, the letter also assures that the documents "do not need to be stored in safes."
If in fact this letter parallels the provisions in the confidentiality agreement, these terms may be flexible enough to allow all government officials to have regular, easy access to the text. As of now however, elected members have not had access to view or comment on the text. Senator Wyden is a member of the Senate Finance Committee (which has jurisdiction over "reciprocal trade agreements; tariff and import quotas, and related matters thereto") and is Chair of its subcommittee on International Trade, Customs and Global Competitiveness. Neither he nor his staff, who have obtained proper security clearance, have been able to get access to material related to the TPP negotiations from the USTR.
Also unclear is how they make the determination as to whether "persons outside government" should be authorized to review the documents. Trade Advisory Committees (TACs) constitute 100's of individuals who are able to log in from their own computer to a platform to view and comment on the text of the official drafts of the agreement. If the language of the confidentiality agreement is as flexible as it is written in this model letter, it is questionable as to why all nations are bound to the level of confidentiality that is being enacted.
Ultimately, the USTR has an obligation to uphold the public interest. While they keep asserting that they are being as inclusive and transparent as possible in these negotiations, civil society and the public at large recognize that the process is far from embodying any principles of democratic rulemaking. We applaud Rep. Lofgren, Rep. Issa, and Senator Wyden for taking the lead as public representatives in standing up to demand an end to these secretive trade talks. Congress people need to know that breaking open the unnecessary confidentiality around the TPP is a priority, and that users are fed up with closed door tactics to restrict and regulate the Internet in the name of IP enforcement.
Even if you have already taken our Action Alert, please help us continue to send messages to our public representatives to make TPP transparency a political priority:'
TPP: Fuck the Corporate-bought Governments already...
posted by Keito
2012-09-08 10:25:52'At this very moment, the Trans-Pacific Partnership agreement (TPP)--a trade agreement that could affect the health and welfare of billions of people worldwide--is being negotiated behind closed doors. While 600 corporate lobbyists have access to the text, the press, the public, and even members of the US Congress are being kept in the dark.
But we don't have to stand meekly by as corporate cronies decide our futures. Concerned citizens from around the world are pooling together their resources as a reward to WikiLeaks if it makes the negotiating text of the TPP public. Our pledge, as individuals, is to donate this money to WikiLeaks should it leak the document we seek.
As WikiLeaks likes to say, information wants to be free. The negotiating text for the TPP wants to be free. Someone just needs to release it.
1. What is the TPP?
The Trans-Pacific Partnership (TPP) is a multilateral "free trade" agreement for the Asia-Pacific region which some have taken to referring to as "NAFTA on steroids." The agreement was originally between just three nations--Chile, New Zealand, and Singapore--with a fourth, Brunei, joining shortly after. Today, seven additional countries are in negotiations to join the agreement: Australia, Peru, Vietnam, Malaysia, Mexico, Canada, and the United States. Eventually, every Pacific-rim nation could be included, making it possible for this trade agreement to affect the lives of billions of people.
2. What's so bad about the TPP?
The TPP negotiations have taken place under an unprecedented shrowd of secrecy, denying all but a very few any input into the terms of the agreement. The chapters that have been leaked are quite disturbing, revealing plans that would threaten public health, the environment, internet freedom, and the general well-being of perhaps billions of people. Here's a little taste of what the agreement would include: foreign investor protections that would help corporations offshore jobs, powers that allow multinational corporations to challenge domestic regulations before international tribunals, a strengthening of patent and intellectual property rules which would, among other things, raise the price of life-saving medicines in third world countries, and the ability for Wall Street to roll back safeguards meant to restore financial stability worldwide.
3. Haven't parts of the TPP been leaked?
Yes, some chapters of the TPP have been leaked to the public, but we want to see the whole text. We--the people who will be affected by this agreement--have the right to know what our governments are proposing.
4. Why WikiLeaks?
We're pushing WikiLeaks to do this because, if they do publish the TPP, it will show that WikiLeaks is still relevant to citizen demands for government transparency, that releasing US diplomatic cables wasn't the end of WikiLeaks' contribution to public knowledge of government misdeeds. And we want this because it will show that the WikiLeaks campaign for government transparency isn't just about national security issues.
Another reason for offering the reward to WikiLeaks is to shield the leaker against any claim that they leaked the document for personal gain. It will be clear that the leaker leaked the text to promote the public interest.
5. Why crowdsource the reward?
We didn't want to ask one rich person or a couple to put up the money for the reward because it's not just one or a few people who have an interest in the TPP--we all do. By asking people from all walks of life to contribute what they can, we help promote the idea we are all invested in the outcome of these negotiations.
6. How does the pledge thing work?
What happens if WikiLeaks publishes the TPP?
When you make a pledge, all you are doing is promising to make a donation at a later date. No payment information is required. If WikiLeaks should publish the TPP text, we will send you an email encouraging you to fulfill your pledge, along with information about how to make a donation to WikiLeaks.
Don’t Let Them Trade Away Our Internet Freedoms
posted by Keito
2012-08-29 20:24:36'The Trans-Pacific Partnership (TPP) endangers the Internet and digital freedoms on par with ACTA, SOPA, and PIPA, and it does so in two significant ways: First, its intellectual property (IP) chapter would have extensive negative ramifications for users’ freedoms and innovation, and second, the entire process has shut out multi-stakeholder participation and is shrouded in secrecy. The TPP is a major threat because it will rewrite global rules on IP enforcement and restrict the public domain.
As of now, corporate lobbyists are the only ones who have been officially invited to contribute and access the negotiating text. The Bush administration initiated TPP negotiations back in 2008, but closed door sessions over this powerful multi-national trade agreement have continued under the Obama administration, led by the Office of the United States Trade Representative (USTR). Governments are characterizing this as a free trade agreement, but its effects will go far beyond trade.
We are fighting back.
Activists, scholars, and individuals around the world are speaking out against the TPP’s onerous intellectual property chapter and the threat it poses to our digital freedoms. Americans and Canadians are protesting at every negotiation round; the Japanese are growing more disaffected; and demonstrations have also occurred in Malaysia, New Zealand, and Australia. Law professors from around the world and over 130 US representatives have raised alarm over the TPP in letters to Representative Ron Kirk, the head of the U.S. delegation.'
Check the article below to see how you can take action against this proposed legislation...
LEAKED! TPP: the Son of ACTA will oblige America and other countries to throw out privacy, free speech and due process for easier copyright enforcement
posted by Keito
2012-08-26 20:09:00'The Trans-Pacific Partnership is the son of ACTA, a secretive copyright and trade treaty being negotiated by the Pacific Rim nations, including the USA and Canada. As with ACTA, the secretive negotiation process means that the treaty's provisions represent an extremist corporate agenda where due process, privacy and free expression are tossed out the window in favor of streamlined copyright enforcement. If this passes, America will have a trade obligation to implement all the worst stuff in SOPA, and then some. The Electronic Frontier Foundation's Carolina Rossini and Kurt Opsahl explain:
TPP article 16.3 mandates a system of ISP liability that goes beyond DMCA standards and U.S. case law. In sum, the TPP pushes a framework beyond ACTA and possibly the spirit of the DMCA, since it opens the doors for:
* Three-strikes policies and laws that require Internet intermediaries to terminate their users’ Internet access on repeat allegations of copyright infringement
* Requirements for Internet intermediaries to filter all Internet communications for potentially copyright-infringing material
* ISP obligations to block access to websites that allegedly infringe or facilitate copyright infringement
* Efforts to force intermediaries to disclose the identities of their customers to IP rightsholders on an allegation of copyright infringement.
Incredibly, it gets worse:
If the copyright maximalists have their way, the TPP will include a “side-letter,” an agreement annexed to the TPP to bind the countries to strict procedures enabling copyright owners to insist material are removed from the Internet. This strict notice-and-takedown regime is not new—in 2004, Chile rejected the same proposal in its bi-lateral trade agreement with the United States. Without the shackles of the proposed requirements, Chile then implemented a much more balanced takedown procedure in its 2010 Copyright Law, which provides greater protection to Internet users’ expression and privacy than the U.S. Digital Millennium Copyright Act (DMCA)’s copyright safe harbor regime.
Instead of ensuring due process and judicial involvement in takedowns, the TPP proposal encourages the spread of models that have been proven inefficient and have chilling unintended consequences, such as the HADOPI Law in France or the DMCA.
TPP Creates Legal Incentives For ISPs To Police The Internet. What Is At Risk? Your Rights.'