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Ron Wyden (D-OR) wants Obama to submit ACTA to Congress

Cory Doctorow at 4:03 pm Wed, Mar 21, 2012

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Oregon Democratic Senator Ron Wyden has demanded that the Obama administration receive Congressional assent before signing the USA up to the Anti-Counterfeiting Trade Agreement, a wide-reaching international copyright treaty that was negotiated in secret (even Congress and the European Parliament weren't allowed to read the treaty drafts as they were negotiated). Wyden argues that the Obama administration's position -- which holds that the president can unilaterally bind the US to enact and maintain legislation -- is at odds with the constitution. In Wired, David Kravets speaks to Sean Flynn, a legal expert, about the dispute, who sides with Wyden, and quotes the US Trade Rep Ron Kirk maintaining that Congress has no role in this trade negotiation.

Wyden's demand is embodied in a legislative proposal to amend H. R. 3606 (the JOBS act), whose purpose is given as "To prohibit the President from accepting or providing for the entry into force of certain legally binding trade agreements without the formal and express approval of Congress."

“It’s a huge deal whether Congress signs it or not,” said Sean Flynn, an American University, Washington College of Law intellectual-property scholar. "The reason it is a big deal, because this is what this agreement does, it tells domestic legislatures what its law must be or not be. These type of agreements are the most important to go through legislative approval and go through a public process and commenting on what the norms are of that agreement. The reason, it locally restricts what the democratic process can do."

Copyright Treaty Requires Congressional Support, Senator Says

I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.

MORE:  acta • consitution • Copyfight • law

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  • Mark Lee McDonald

    Being able to vote for Wyden is one of the best things about living in Oregon.

    The weather isn’t.

    • emschelle

      *reads article* *looks out window*
      100% agreed. I heart that guy. and it’s cold and it’s damp.

      • Bonobo

        That’s why the lady is a tramp.

    • TonyWooster

      Amen.

      He’s swooped in white-knight style for both SOPA and ACTA, now, and I think it’s fantastic. I do wonder how Wyden is perceived outside of Oregon, though. Sometimes, I’ll admit, when I hear a story about — say — Kucinich standing up for something, I think it’s great but will probably ineffectual.

      However, Wyden doesn’t give me the same feeling; he’s nearing Sanders-level awesomeness. Does living in Oregon and voting for Wyden put the blinders on, or is this as awesome as it seems?

      • Andrew Singleton

        It is exactly as awesome as it looks Tony. The guy has a rare and oft undervalued commodity in today’s politics. A Spine.

      • grimc

        I can tell you how Wyden is perceived outside of Oregon: He’s the guy who’s giving Republicans cover for gutting Medicare with his “premium support”.

      • DewiMorgan

         In Texas: I *really* like his approach to SOPA and ACTA. I’ve not heard anything about his other policies, but he kicked ass with those two.

    • Andrew Singleton

      I wish I could vote for the guy and continue to not live there.

      Even better. I want a candidate that has the sort of balls this guy does for calling out people in his own party.

  • Shinkuhadoken

    Cynical interpretation:

    Why should the President be the only one benefiting from all the bribe money campaign donations for this legislation? Let Congress in on that action!

    (It’s not to say Wyden isn’t doing this for the right reasons, it’s just that the support for this would probably come for the wrong ones)

  • PathogenAntifreeze

    When the Martians show up to give a “peace address” to Congress, Wyden should take the day off.

  • Ben_R_R

    I say we start a grass roots campaign to elect  Wyden president in 2016. I think we could pull enough geeks off the internet for a day to give him a chance.

    • Guest

      I don’t think we geeks agree sufficiently on the important-but-non-technical issues to pull together.  Even if we all agree on SOPA, ACTA, etc., we’re all over the board regarding conservative vs. liberal vs. libertarian, I think.

  • Pirate Jenny

    It feels good to actually like my elected representatives.

    And the wet parts of Oregon wouldn’t look the way they do if they weren’t so darn wet. I’ll take it :)

    • ridestowe

      wish i knew how that felt. patrick leahy fucked me hard

      “what the hell is my senator doing in the new batman movie”
      *2 years later*
      “what the hell is my senator doing backing SOPA….oh wait”

  • Michael Lathrop

    Yep; I grew up with Wyden in Oregon, and it’s one of the things I miss the most.  I can only hope his career arc aims towards the White House… we should be so lucky.

  • http://rhinocrisy.org/ saurabh

    The Constitution sez: the President negotiates and signs treaties, with a 2/3 majority of the Senate approving. Pretty clear, just like how it sez Congress has the power to declare war.

  • Editz

     It’s also nice watching steam come out of the ears of Art Robinson supporters.