Boing Boing 

TPP leak: states give companies the right to repeal nations' laws

A new Wikileaks-published leak from the secretive Trans Pacific Partnership (TPP) treaty reveals a January 2015 draft "Investment Chapter" of the agreement, where the investor-state dispute settlement (ISDS) mechanisms are set out. They allow companies to repeal nations' environmental, health and labor laws.

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Following the key Trans-Pacific Partnership senator with a 30' blimp

Evan from Fight for the Future writes, "The folks who wrote SOPA are trying to get extremist copyright provisions into the secretive Trans-Pacific Partnership agreement -- the one that Congress is trying to 'Fast Track' right now."

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ACT NOW! Congress wants to fast-track the Trans-Pacific Partnership

Congress is about to introduce a bill that will let the US Trade Representative lock America into the provisions of the secretly negotiated Trans-Pacific Partnership, without substantial debate or scrutiny -- including criminal sanctions -- jail! -- for downloading TV shows.

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Big Content publishes a love-letter to TPP

The secretive, corrupt, illegitimate Trans-Pacific Partnership would bind its members -- including the USA and Canada -- to criminalize file-sharing, putting people in jail for watching TV the wrong way, and that's just fine with the copyright lobbyist group Global Intellectual Property Center.

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Canada reportedly caves, will extend copyright and yank James Bond out of the public domain

Michael Geist sez, "Last month, there were several Canadian media reports on how the work of Ian Fleming, the creator of James Bond, had entered the public domain. While this was oddly described as a 'copyright quirk', it was no quirk. The term of copyright in Canada (alongside TPP countries such as Japan and New Zealand) is presently life of the author plus an additional 50 years, a term that meets the international standard set by the Berne Convention. Those countries now appear to have caved to U.S. pressure as there are reports that they have agreed to extend to life plus 70 years as part of the Trans-Pacific Partnership."

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WATCH It's Our Future: why the TPP should matter to you

Meghan from Openmedia.ca sez, "The Trans-Pacific Partnership (TPP) is a massive international trade agreement that includes 12 countries and covers almost 40% of global GDP. It's big. If you live in the U.S, Canada, Australia, Chile, or New Zealand -- it affects you. But it also affects you if you don't live in one of the 12 countries negotiating the TPP - especially on the issue of Digital Rights."

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NZ Trade Minister: we keep TPP a secret to prevent "public debate"


The Trans Pacific Partnership is the latest in a series of secretly negotiated sweeping "trade deals" that allow companies to sue governments to repeal environmental and labor laws, expand Internet censorship and surveillance, and a host of other nasties.

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Trans Pacific Partnership meeting switched from Vancouver to Ottawa, ducking critics


What could make the secretive Trans Pacific Partnership process even less legit?

Moving it at the last minute, under cover of darkness, from Vancouver to Ottawa, in order to avoid critics of the treaty and how it is being negotiated. The TPP is a secretive treaty that allows corporations to sue governments that enact environmental, health and governmental regulations that interfere with their profits. It also calls for vastly expanded Internet spying and censorship in the name of protecting copyright.

Only trade negotiators and corporate lobbyists are allowed to see the drafts of the agreement (though plenty of these drafts have leaked) -- often times, members of Congress and Parliament are denied access to them, even though the agreement will set out legal obligations that these elected officials will be expected to meet.

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US trade rep demands end to other nations' healthcare, privacy rules, food labelling...


Public Citizen analyzes the new Obama 2014 National Trade Estimate Report, in which the US Trade Rep demands that: Japan abolish its privacy rules and its requirement that food be labelled with its ingredients; Canada abolish its rules limited pharmaceutical patents; Malaysia get rid of its tariffs on pork and booze; Mexico nuke its junk food taxes, and more. It's great reading, and leaves little room for doubt about the neoliberal future, in which anything that's bad for corporate profits -- even if it's good for society or reflects national values -- is killed in the name of free trade.

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Tech companies to Senate Finance Committee chair Wyden: no Fast Track for TPP!

More than 25 tech companies -- including Happy Mutants, LLC, Boing Boing's parent company -- have signed onto a letter asking Senator Ron Wyden (chairman of the Senate Finance Committee) to oppose "Fast Track" for the Trans-Pacific Partnership (TPP). The TPP is a secretly negotiated trade agreement that allows for big corporations to trump national law, suing governments that pass regulations that limit their profits; it contains a notoriously harsh chapter on Internet regulation that will allow entertainment companies unprecedented power to surveil, censor, and control the Internet.

The US Trade Representative and the Obama administration have demanded that Congress give "Fast Track" status to the TPP, meaning that they would not be allowed to debate the individual clauses of the bill, and would only be able to vote it up or down. The treaty is likely to have lots of sweeteners that will make it hard for key lawmakers to reject it entirely, a manipulative maneuver that, combined with Fast Track, means that the treaty has a substantial chance of passing, even though it means Congress will be surrendering its power to make laws that impact on massive corporations.

Other signatories to the letter include Reddit, Techdirt, Imgur, Duckduckgo, Ifixit, Cheezburger, Automattic (WordPress), and many others.

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US Trade Rep can't figure out if Trans-Pacific Partnership will protect the environment


The Trans-Pacific Partnership is a secretly negotiated trade agreement let by the USA. Though the text is secret, enough drafts have leaked to make it clear that one of its goals is to ensure that foreign corporations can sue governments over laws that impact their profits, especially when it comes to the environment.

The US Trade Representative and the Obama administration have asked Congress to "fast track" the treaty, passing it without any debate or revisions. Naturally, Congress wants to know what the treaty is likely to say before they agree to this.

So in a hearing on Jan 28, Rep Mark Pocan (D-WI) asked Michael Froman -- the US Trade Rep running the TPP show -- about the environmental standards in TPP. Froman listed four areas in TPP that were "absolutely non-negotiable from a US standpoint," including "tough new environmental standards."

When the meeting ended, Pocan asked "So does that mean that if we give you fast track, you won't send us a deal that doesn't have that stuff in it?' At which point, we learned that the US Trade Rep uses a highly specialized meaning for the phrase "absolutely non-negotiable," meaning "totally up for grabs," because he immediately said, "I didn't say that."

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Obama's top Trans-Pacific Partnership officials were given millions by banks before taking the job


The top Obama administration officials working on the Trans-Pacific Partnership came to government from investment banks who will benefit immensely from its provisions, which severely curtail countries' ability to pass laws regulating banks and other corporations. These top advisors, who came from Bank of America and Citigroup, were given multimillion-dollar exit bonuses when they left their employers for government. For example, the US Trade Representative, Michael Froman, was handed $4M from Citigroup as a goodbye gift on his way into his new job.

This is standard operating procedure for America's financial industry, where the largest players all have contracts guaranteeing millions to employees who leave the firm for government jobs.

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Save the Internet: Stop Fast Track

Evan from Fight for the Future writes, "Want to help save democracy? The Trans-Pacific Partnership (TPP) is a super-secretive trade agreement that threatens everything you care about. It's been negotiated behind closed doors with ample input from over 600 corporate lobbyists -- but no access for journalists or the public. Sound bad? It gets worse. The corporate interest groups pushing for the TPP are the same folks that brought us SOPA, ACTA, and NAFTA."

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Leaked: environmental chapter of the secret Trans-Pacific Partnership treaty

Most of our coverage of the Trans-Pacific Partnership has focused on its Internet-regulating provisions. But the treaty -- which has been negotiated in unprecedented secrecy, with heavy-handed shoves from the US Trade Representative -- also has disturbing implications for the environment. Today, Wikileaks published a leaked consolidated draft of TPP's environment chapter, which sets out the ways in which corporations will be able to prevent countries from passing environmental laws that interfere with profit making.

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Trans-Pacific Partnership: how the US Trade Rep is hoping to gut Congress with absurd lies

The US Trade Representative is pushing Congress hard for "Trade Promotion Authority," which would give the President's representatives the right to sign treaties like the Trans-Pacific Partnership without giving Congress any chance to oversee and debate the laws that America is promising to pass. With "Trade Promotion Authority" (also called "fast track"), Congress's only role in treaties would be to say "yes" or "no" to whatever the US Trade Rep negotiated -- so if the USTR papered over a bunch of sweetheart deals for political cronies with a single provision that politicians can't afford to say no to, that'll be that.

Not coincidentally, the TPP is one long sweetheart deal with a couple of political sweeteners that no Congresscritter can afford to kill.

The USTR's push for Trade Promotion Authority contains some of the stupidest, easy-to-debunk lies I've ever read. Either the Obama Administration figures that Congress is thicker than pigshit, or the USTR drafted this to give tame Congresscritters cover for selling out the people they represent to the corporations that fund their campaigns.

Techdirt's Mike Masnick has undertaken the unpleasant chore of documenting and rebutting the Trade Rep's falsehoods point-by-point.

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Public Domain Day 2014: bad times ahead, urgent action needed

It's Public Domain day again -- the day when music, books and movies enter the public domain in countries where copyright lasts for the life of the author plus 50 years (hint: not the USA).

But as John Mark Ockerbloom points out, the list of life+50 countries keeps getting shorter, as more and more countries are arm-twisted into extending their copyright terms by the US Trade Representative. And increasingly, countries are passing regressive copyright laws that take works out of the public domain and put them back into copyright -- an insane policy that ends up criminalizing new art that incorporates the old, and that provides no new incentive to create (give Elvis or the Beatles 50 more years of copyright if you like, they're still not going to record any more music).

It's not all bad news: between the Hathi Trust lawsuit (which held it legal to scan old, in-copyright books under some circumstances) and the growth of Creative Commons licenses.

There's urgent work to be done. We need to fight copyright term extension, to expand fair use and fair dealing, increase access to orphan works, and discredit and destroy the new practice of making global copyright law through secretive treaty negotiations like the Trans-Pacific Partnership. Groups like the Electronic Frontier Foundation, Public Knowledge, and the Open Knowledge Foundation are all working to bring copyright into line with the modern world, and to stop its from being used for censorship and surveillance.

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Secretive TPP treaty could kill creator's right to get copyrights back from studios, labels and publishers

The Electronic Frontier Foundation has new analysis of the leaked Trans Pacific Partnership (TPP) treaty, a secretive trade deal being hammered out without any public oversight, and set to be fast-tracked through the US Congress without substantial debate. EFF's piece focuses on the treaty's provisions that affect "termination rights," an obscure but important part of copyright law that allows creators to take their assigned copyrights back from the companies who bought them after 35 years. The studios, labels and publishers hate this, as it allows creators who scored big hits early in their careers when they were getting paid peanuts for their work to take those successful works back and re-sell them at a more appropriate price. EFF's view is that the TPP draft endangers Termination Rights.

It's more proof that just because many creators are on the side of the big entertainment companies, it doesn't follow that the companies are on the side of their creators. Any creator who endorses TPP, thinking that expansions to copyright will always benefit them, had better look again: TPP is a way of taking away one of the most valuable rights that creators have and handing it over to Big Content to make billions off of.

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