Monday, March 9, 2015

Vote No on TPP

The White House Has Gone Full Doublespeak on Fast Track and the TPP, Posted on March 9, 2015 Written by www.eff.org
Sen. Ron Wyden and Sen. Orrin Hatch are now in a stand-off over a bill that would put secre­tive trade deals like the Trans-Pacific Part­ner­ship (TPP) agree­ment on the Fast Track to pas­sage through Con­gress. The White House mean­while, has inten­si­fied their pro­pa­ganda cam­paign, going so far as to mis­lead the pub­lic about how trade deals—like the TPP and its coun­ter­part, the Transat­lantic Trade and Invest­ment Part­ner­ship (TTIP)—will effect the Inter­net and users’ rights. They are cre­at­ing videos, writ­ing sev­eral blog posts, and then this week, even sent out a let­ter from an “online small busi­ness owner” to every­one on the White House’s mas­sive email list, to fur­ther mis­in­form the pub­lic about Fast Track.
In a blog post pub­lished this week, the White House flat out uses dou­ble­s­peak to tout the ben­e­fits of the TPP, even going so far as to claim that with­out these new trade agree­ments, “there would be no rules pro­tect­ing Amer­i­can inven­tion, artis­tic cre­ativ­ity, and research”. That is pure bogus, much like the other lies the White House has been recently say­ing about its trade poli­cies. Let’s look at the four main myths they have been say­ing to sell law­mak­ers and the pub­lic on Fast Track for the TPP.
Myth #1: TPP Is Good for the Internet
First, there are the claims that this agree­ment will cre­ate “stronger pro­tec­tions of a free and open Inter­net”. As we know from pre­vi­ous leaks of the TPP’s Intel­lec­tual Prop­erty chap­ter, the com­plete oppo­site is true. Most of all, the TPP’s ISP lia­bil­ity pro­vi­sions could cre­ate greater incen­tives for Inter­net and con­tent providers to block and fil­ter con­tent, or even mon­i­tor their users in the name of copy­right enforce­ment. What they believe are efforts toward pro­tect­ing the future of the Inter­net are pro­vi­sions they’re advo­cat­ing for in this and other secret agree­ments on the “free flow of infor­ma­tion”. In short, these are poli­cies aimed at sub­vert­ing data local­iza­tion laws.
Such an oblig­a­tion could be a good or a bad thing, depend­ing on what kind of impact it could have on national cen­sor­ship, or con­sumer pro­tec­tions for per­sonal data. It’s a com­pli­cated issue with­out an easy solution—which is exactly why this should not be decided through secre­tive trade nego­ti­a­tions. These “free flow of infor­ma­tion” rules have likely been lob­bied for by major tech com­pa­nies, which do not want laws to restrict them on how they deal with users’ data. It is dis­hon­est to say that what these tech com­pa­nies can do with people’s data is good for all users and the Inter­net at large.
Myth #2: Fast Track Would Strengthen Con­gres­sional Oversight
The sec­ond, oft-repeated claim is that Fast Track would strengthen con­gres­sional oversight—which is again not true. The U.S. Trade Rep­re­sen­ta­tive has made this claim through­out the past cou­ple months, includ­ing at a Sen­ate Finance Com­mit­tee hear­ing in Jan­u­ary when he said:
TPA puts Con­gress in the driver’s seat to define our nego­ti­at­ing objec­tives and strength­ens Con­gres­sional over­sight by requir­ing con­sul­ta­tions and trans­parency through­out the nego­ti­at­ing process.
Maybe we could believe this if the White House had fought for Fast Track before del­e­gates began nego­ti­at­ing the TPP and TTIP. Maybe it could also have been true if that bill had ensured that Con­gress mem­bers had easy access to the text and kept a close leash on the White House through­out the process to ensure that the nego­ti­at­ing objec­tives they out­lined were in fact being met in the deal. How­ever, we know from the past sev­eral years of TPP nego­ti­a­tions, that Con­gress has largely been shut out of the process. Many mem­bers of Con­gress have spo­ken out about the White House’s strict rules that have made it exceed­ingly dif­fi­cult to influ­ence or even see the terms of these trade deals.
The only way Fast Track could really put “Con­gress in the driver’s seat” over trade pol­icy would be if it fully addressed the lack of con­gres­sional over­sight over the TPP and TTIP thus far. Law­mak­ers should be able to hold unlim­ited debate over the poli­cies being pro­posed in these deals, and if it comes to it, to amend their pro­vi­sions. It would be mean­ing­less if the new Fast Track bill enabled more con­gres­sional over­sight, but if it did not apply to agree­ments that are ongo­ing or almost completed.
Myth #3: Small Online Busi­nesses Would Ben­e­fit from Fast Track
Then the third mis­lead­ing claim is that Fast Track would help small busi­nesses. Their rep­e­ti­tion of this has become louder amid increas­ing pub­lic aware­ness that the TPP has pri­mar­ily been dri­ven by major cor­po­ra­tions. What may be good for estab­lished multi­na­tional com­pa­nies could also ben­e­fit cer­tain small online busi­nesses as well. The White House says that tar­iffs are hin­der­ing small online busi­nesses from sell­ing their prod­ucts abroad, but research has shown that the kinds of tra­di­tional trade bar­ri­ers, like tar­iffs, that past trade agree­ments were nego­ti­ated to address are already close to non-existent. There­fore it is unclear what other kind of ben­e­fits online busi­nesses would see from the TPP.
Even if there were some ben­e­fits, there are many more ways that the TPP could harm small Internet-based com­pa­nies. The TPP’s copy­right pro­vi­sions could lead to poli­cies where ISPs would be forced to imple­ment costly sys­tems to over­see all users’ activ­i­ties and process each take­down notice they receive. They could also dis­cour­age invest­ment in new inno­v­a­tive start-ups, even those that plan to “play by the rules”, due to the risk that com­pa­nies would have to sink sig­nif­i­cant resources into legal defenses against copy­right hold­ers, or face heavy deter­rent penal­ties for infringe­ment estab­lished by the TPP.
Myth #4: TPP and Other Secret Trade Deals Are a National Secu­rity Issue
The last, and most con­found­ing of the White House’s asser­tions is that the TPP and TTIP are an “inte­gral part” of the United States’ national secu­rity strat­egy, because its “global strate­gic inter­ests are inti­mately linked with [its] broader eco­nomic inter­ests.” As we have seen with the U.S. government’s expan­sive sur­veil­lance regime, “national secu­rity” is often invoked for poli­cies even if they directly under­mine our civil lib­er­ties. It is hard to argue with the admin­is­tra­tion whether the TPP and TTIP are in fact in the United States’ eco­nomic or strate­gic inter­ests, since only they are allowed to see the entire con­tents of these agree­ments. Either way, it seems like a huge stretch to say that we can trust the White House and major cor­po­rate rep­re­sen­ta­tives to deter­mine, in secret, what is in fact good dig­i­tal pol­icy for the coun­try and the world. We may be hear­ing this line more and more in the com­ing weeks as the White House becomes more des­per­ate to legit­imize the need for Fast Track to pass the TPP and TTIP.
Con­clu­sion
The fact that the White House has resorted to dis­tort­ing the truth about its trade poli­cies is enough to demon­strate how lit­tle the admin­is­tra­tion val­ues hon­esty and trans­parency in pol­icy mak­ing, and how much the pub­lic stands to lose from these agree­ments nego­ti­ated in secret. The more they try and espouse the poten­tial gains from Fast Track—while the trade agree­ments this leg­is­la­tion would advance remain secret—the more rea­son we ought to be skep­ti­cal. If the TPP is so great and if Fast Track would in fact enable more demo­c­ra­tic over­sight, why are the con­tents of either of them still not public?
If you’re in the United States, take action to stop TPP and other anti-user trade deals from get­ting fast-tracked through Con­gress by con­tact­ing your law­maker about trade pro­mo­tion authority:

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