The US-based entertainment cartel is hell-bent on putting the internet genie back in its bottle, regardless of cost and consequences—intentional and unintentional. Its latest weapon of choice to subvert democratic process and openness is something called the Trans-Pacific Partnership (TPP). It sounds benign, but it’s anything but.
The US participation in the agreement is ostensibly coordinated through the executive office of the president’s Office of the United States Trade Representative (USTR), but make no mistake, the US trade representative Ron Kirk takes his marching orders from the entertainment cartel.
The TPP is a secret agreement between a handful of countries that includes provisions dealing with intellectual property, specifically online copyright enforcement and infringement anti-circumvention. Unfortunately, no one really knows what all is contained within the TPP’s sections dealing with intellectual property. A 10 February 2011 version of the US intellectual property chapter proposal (.pdf; 283KB) was leaked and the Electronic Frontier Foundation (EFF) produced a useful analysis (.pdf; 381KB) of its provisions.
Because the Obama administration has classified the TPP as a treaty, it’s not subject to congressional scrutiny. In fact, the TPP parties have agreed to reveal the final treaty only four years after ratification. In 2009, the Obama administration issued a Freedom of Information Act (FOIA) request denial (.pdf; 444Kb) to Knowledge Ecology International, declaring the contents of the proposed international treaty a national security secret. The George W. Bush administration similarly rejected an equivalent FOIA request (.pdf; 108Kb) from the EFF.
Last week, a group of legal academics—mostly from the US but some international representatives—sent a letter to Kirk’s USTR office demanding transparency in the TPP negotiations including release of the text and expanded stakeholder participation. The USTR response was shocking in its inability to pass the smell test. Kirk claimed the “USTR has conducted the most, active outreach to all stakeholders relative to the TPP than in any FTA [free trade agreement] previously, including, the proposed disciplines on intellectual property.” Free trade agreements, like TPP, are considered treaties and negotiated privately without congressional oversight. By way of contrast, World Intellectual Property Organization (WIPO) and World Trade Organization (WTO) negotiations are vastly more transparent.
