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USTR fights release of IP treaty details citing national security

30 January 2009 21:52 by Rich "vurbal" Fiscus | 19 comments

Several months ago documents outlining a secret proposal from the US Trade Representative (USTR) for a new intellectual property treaty were leaked to the public. Although the few details we know about negotiahe Anti-Counterfeiting Trade Agreement (ACTA) show it to be a collaboration between entertainment industry representatives and government officials in various countries. Unfortunately most of what's been published so far is really just speculation.

In an attempt to bring these negotiations into the open for everyone, instead of just entertainment industry lobbyists, the Electronic Frontier Foundation (EFF) has filed a request under the Freedom of Information Act. But the office of the USTR has been less than forthcoming with information.

In fact they're actively trying to block the release of almost all the information requested. So far they've turned over just 159 pages to the EFF, while insisting that 1300 pages need to be remain secret.

And what reason are they citing for the secrecy. Actually there are two reasons given. The first is mostly just laughable. They claim some of the documents would endanger national security if released. But the other claim seems to just miss the point. The USTR is claiming an exemption from turning documents over that would expose their "deliberative process." If I'm not mistaken that's exactly the point of the request.

"ACTA could lead to new invasive monitoring of Internet communications by your ISP and raises serious potential due process concerns for Internet users," said EFF International Policy Director Gwen Hinze. "Because ACTA is to be adopted as an Executive Agreement, it will bypass normal processes of Congressional oversight. Therefore, it is crucial that citizens have access to information about its contents in a timely manner. The USTR's decision to withhold documents that citizens are entitled to see as a matter of law prevents citizens from evaluating ACTA's impact on their lives and expressing their opinions to their political leaders before it's a fait accompli."

Permalink to this article | Topic: Lawsuits & Legislation

Secret ACTA Internet chapter leaked: Global DMCA and 'three strikes' (4 November 2009)

ACTA authors want content owners to set damage awards (17 April 2009)

US gives information on secretive international piracy deal (11 April 2009)

'Three strikes' law shut down in Germany (3 February 2009)

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Discuss this article!
bryston (Senior Member) 31 January 2009 1:59
I guess Obama's new AG will side with this ! [ + quote]
nintenut (Senior Member) 31 January 2009 2:44
*Originally posted by bryston:* I guess Obama's new AG will side with this ! You guess? I'll bet anyone any amount of currency that he will. [ + quote]
ZippyDSM (AfterDawn Addict) 31 January 2009 4:02
I see instead of allow information and emdia to be free and ensuring that the sale of it is strictly controlled. They want distribution in all its forms strictly controlled... we are going backwards here.... [ + quote]
Jhult (Junior Member) 31 January 2009 4:45
*Originally posted by ZippyDSM:* I see instead of allow information and emdia to be free and ensuring that the sale of it is strictly controlled. They want distribution in all its forms strictly controlled... we are going backwards here.... Backwards? More than just backwards. This is just like RIAA and them not wanting any of their court cases publicized on the internet, more due to the speculation that they do not have exclusive control over what is being broadcasted. Heck, something like this is more like slipping something under the table that you can guess what two of the papers speak about, but the rest of it is going to take away any and all freedom in the end. My biggest wonder, is how long will it take for them to declare the proposal to the public in full? Just before it passes? Or more like a, "Peekabo! We got you!". I am not three years old anymore, and I don't like being surprised... [ + quote]
badkrma (Newbie) 31 January 2009 11:47
I really try to think the future will be of free information and a goal to ensure everyone is aware of themselves and the world around them, then stuff like this just keeps happening. [ + quote]
windsong (Junior Member) 31 January 2009 14:21
*Quote:* The first is mostly just laughable. Good god, you'd think Afterdawn would hire some competent writers to do these articles. At least hire someone who knows how to write! [ + quote]
ZippyDSM (AfterDawn Addict) 31 January 2009 14:32
*Quote:* *Quote:* The first is mostly just laughable. Good god, you'd think Afterdawn would hire some competent writers to do these articles. At least hire someone who knows how to write! I don;t really care about grammar(mostly because I do not understand it :P), I look more to the over all information being read. Now if I could only do that with films and videos games....but you know....you can't unsee qaulity and pretend mediocre or bad is good......... [ + quote]
RusSnajp (Newbie) 31 January 2009 18:00
I wonder on which page of the constitution the "Freedom of Lies Act" resides. [ + quote]
JRude (Junior Member) 1 February 2009 12:01
It is comforting to know that the RIAA and MPAA have access to state secrets while the rest of us just PAY for them. National Security my ASS! [ + quote]
DXR88 (Senior Member) 1 February 2009 23:31
The government is a funny thing. the people have true power, and will always have true power. There once was a king, kind to his people he was truly a man to behold. When his passing finely came a song was sung to honor his name. In do time a new king arose to take his place. Soaring high to please only oneself They soon realized this king was not so nice Everyday they watched his rule destroy there beautiful kingdom. Dead Tired they grew of watching,soon the king of iron rule was felled. [ + quote]
Mez (Senior Member) 2 February 2009 8:13
What else is new? [ + quote]
RusSnajp (Newbie) 3 February 2009 7:29
Yes you have the power but nobody's using it some are protesting but not effective(agressive) enough also the protesters do not convince the police and special ops first then other people are busy making bussiness some are stupid voting on elections and watching corrupting propaganda TV news channels. Teenagers ... some are in gangs some are normal and are aware .. but what can only teens do. What else? You have a power that is not concentrated ... hidden but scattered around. Why don't gangs concentrate the power against government (instead they play childish games "that's my street, no that's mine") Why don't business man concentrate a trap for government Why don't teen hackers concentrate all hacking against government ONLY. ...you can find another 50 of these. [ + quote]
maryjayne (Junior Member) 3 February 2009 7:42
*Quote:* They claim some of the documents would endanger national security if released. Translated into common people talk: We don't want you to see that we are collaborating with the RIAA and MPAA to make the laws in their favor. We fear if you find out then you will cause a revolution. *Quote:* The USTR is claiming an exemption from turning documents over... Translated into common people talk: You are not paying us to view the documents that the RIAA and MPAA are paying us to prevent you from seeing; therefore, you cannot see them. [ + quote]
Mez (Senior Member) 3 February 2009 8:26
Correction maryjayne, the media mafia doesn't pay the government. They do contribute heavily to law makers campain funds. They in-turn vote on the agency's budget. In fact the top 10 contributers for the head of one of the judiciary committees were anit-piracy enities. For all I know the 10th to 20th were also anti-piracy enities as well. You can guess where his loyalties lie. [ + quote]
borhan9 (AfterDawn Addict) 3 February 2009 18:29
All they need to do is really create clear and understandable legislation for one and all so we know what is allowed and what is not and make everyone fit under it and no exemptions including the politicians themselves. [ + quote]
DXR88 (Senior Member) 3 February 2009 22:52
*Originally posted by borhan9:* All they need to do is really create clear and understandable legislation for one and all so we know what is allowed and what is not and make everyone fit under it and no exemptions including the politicians themselves. Thats just it though the rich and famous, always get away with every thing. Whens the last time your Heard AeroSmith,put in prison for having more than 10 oz of meth, or my favorite's The glove don't fit and Nevernevergonnago again ranch [ + quote]
SoulGLOW (Newbie) 7 February 2009 1:50
If I'm not mistaken only congress has the power to form and pass treaties. Read the Constitution. You can get a copy (or 100)from The Heritage Foundation at [url=http://www.heritage.org][/url] [ + quote]
ZippyDSM (AfterDawn Addict) 7 February 2009 3:18
*Originally posted by SoulGLOW:* If I'm not mistaken only congress has the power to form and pass treaties. Read the Constitution. You can get a copy (or 100)from The Heritage Foundation at [url=http://www.heritage.org][/url] And because of the ineptitude of government and unregulated lobbying rules and laws our out to the highest bidder. [ + quote]
SoulGLOW (Newbie) 7 November 2009 0:59
grab your guns and march [ + quote]