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US Rejects Demands For ACTA Transparency

An anonymous reader writes "The US Trade Representative issued a release just prior to the launch of the New Zealand round of Anti-Counterfeiting Trade Agreement negotiations that has left no doubt the US is the biggest barrier to official release of the ACTA text. Unlike most other ACTA countries that have called for transparency without condition, the US has set conditions that effectively seek to trade its willingness to release the text for gains on the substance of the text."

43 of 351 comments (clear)

  1. People are fighting ACTA by click2005 · · Score: 5, Informative
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  2. Re:Then fuck it. by Austerity+Empowers · · Score: 5, Insightful

    "We're afraid of our own democracy, it tends to interfere with corporate interests"

  3. maaaan by unity100 · · Score: 4, Informative

    they actually said it. one member of this 'trade house commitee' assured corporations recently that 'consumer groups' participation would be kept to a minimum'.

    1. Re:maaaan by commodore64_love · · Score: 5, Informative

      Corporations (or tress or rocks or other non-humans) should not be allowed to lobby the People's representatives.

      And yes I know corporations consist of people. They are still allowed to speak, as individuals.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:maaaan by metrometro · · Score: 4, Funny

      Can you post a citation to that? Sadly "some dood on Slashdot" is not as authoritative as we'd like.

    3. Re:maaaan by PopeRatzo · · Score: 4, Insightful

      Here's what to watch for: In a political environment where Republicans have been completely unified in opposition by every single act of President Obama, there will suddenly be wide bi-partisan support for ACTA. It will be sloughed off by the media as an aberration, and you'll hear how "It must be a good treaty since there's bi-partisan support".

      Then you'll know that in fact the people who get commonly laughed at with claims of "Democrats and Republicans are exactly the same" were right all along.

      But nobody will see it that way, because like with NAFTA and the PATRIOT Act, there will be some trivial partisan issue that will pop up immediately after its ratification that will wipe ACTA right off the front pages so the people who use political parties they way sports fans use home teams can get all exercised again and never realize that they've just been bent over a chair and dry-fucked.

      Just watch.

      --
      You are welcome on my lawn.
  4. Re:Then fuck it. by hypergreatthing · · Score: 5, Insightful

    can any of the americans explain this to us here ?

    As an American, no i can't. We the public did not create this, have no say in this and have nothing to do with this. I wouldn't even know where to send a strongly worded letter to.

  5. Re:Then fuck it. by Hatta · · Score: 4, Insightful

    Corruption. Next question?

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    Give me Classic Slashdot or give me death!
  6. Let me decide by UninformedCoward · · Score: 5, Insightful

    We hope that enough progress is made in New Zealand in clearing brackets from the text so that participants can be in a position to reach a consensus on sharing a meaningful text with the public.

    Hey, how about letting the people decide what is meaningful?

  7. People are fighting ACTA = Useless by TheMeuge · · Score: 5, Insightful

    It's very simple, no conspiracy required. The situation is as follows:

    1. Large IP holders' lobbyists are applying direct financial pressure to the gov't in general and undoubtedly the negotiators personally
    2. The public reaction is only important if it is large enough to affect an election outcome. This is blunted by the fact that the negotiators are appointed, not elected. In the US, even the election pressure is largely blunted by the nature of the winner-takes-all system. In Europe individual votes matter far more to the politicians. Here in the US, they don't care as long as they get their 50.1%
    3. The negative reaction from the public will only come about if they find out about it, and most will not waver from mainstream media.
    4. Mainstream media is largely owned by large IP holders, and will not only avoid stories about the ACTA, but will create a massive campaign to smear any protest that becomes public.

    That's it. There's no conspiracy. Just self-interest all around.

    1. Re:People are fighting ACTA = Useless by Shotgun · · Score: 5, Insightful

      Now, that's some change we can believe in. Let's all hear it for the most open government in the history of the United States.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    2. Re:People are fighting ACTA = Useless by causality · · Score: 5, Insightful

      It's very simple, no conspiracy required. The situation is as follows:

      1. Large IP holders' lobbyists are applying direct financial pressure to the gov't in general and undoubtedly the negotiators personally 2. The public reaction is only important if it is large enough to affect an election outcome. This is blunted by the fact that the negotiators are appointed, not elected. In the US, even the election pressure is largely blunted by the nature of the winner-takes-all system. In Europe individual votes matter far more to the politicians. Here in the US, they don't care as long as they get their 50.1% 3. The negative reaction from the public will only come about if they find out about it, and most will not waver from mainstream media. 4. Mainstream media is largely owned by large IP holders, and will not only avoid stories about the ACTA, but will create a massive campaign to smear any protest that becomes public.

      That's it. There's no conspiracy. Just self-interest all around.

      That actually is a conspiracy for it requires many people to cooperate together to accomplish a shared goal. Self-interest is assumed in a conspiracy since it is unusual to form conspiracies for purposes of charity. It's also a conspiracy because the same small (compared to the whole US population) group that owns the large IP also owns the media. That's evidenced by conducting a smear campaign which by its very nature is not terribly interested in factual accuracy.

      There's nothing magic about the word "conspiracy" except in the minds of people who are desperate to dismiss a notion without actually finding fault with it. "You said 'conspiracy' therefore you're automatically a nut and I'll ignore your ideas without actually investigating them" is how that goes. It's a weak mind that uses such tactics to shelter itself from ideas that it would rather not consider. It's a tool of marginalization and nothing more.

      If you're interested, I believe the fifth definition of "conspiracy" is most relevant here. From dictionary.reference.com:

      conspiracy
      /knsprsi/ [[ask.com]] Show Spelled[kuhn-spir-uh-see] [[ask.com]] Show IPA
      –noun,plural-cies.
      1.
      the act of conspiring.
      2.
      an evil, unlawful, treacherous, or surreptitious plan formulated in secret by two or more persons; plot.
      3.
      a combination of persons for a secret, unlawful, or evil purpose: He joined the conspiracy to overthrow the government.
      4.
      Law. an agreement by two or more persons to commit a crime, fraud, or other wrongful act.
      5.
      any concurrence in action; combination in bringing about a given result.

      As I have explained from time to time on this site, if you work at a company that produces widgets, you and all of your co-workers are conspiring to make widgets. To put it mildly, it'd be extremely poor form to read that sentence and then dismiss without examination the notion that the company exists, that you work there, or that you make widgets. But that's generally what people want this magic keyword "conspiracy" to be -- an automatic way to end any discussion with zero effort, zero evidence, and no good reason.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    3. Re:People are fighting ACTA = Useless by commodore64_love · · Score: 4, Interesting

      You could also include Alex Jones' opinion (take with a spoonful of sugar):

      - The mainstream media is owned by the banks, so naturally they are not going to talk about it. The banks want to chain the people financially and creatively. The bank-owned media also wants to pass laws to shutdown the net, since it is hurting them financially and politically (people speaking truth to power).

      Please don't shoot (mod down) the messenger.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:People are fighting ACTA = Useless by Anonymous Coward · · Score: 3, Interesting

      Anyone care to explain to me why Shotgun's comment was modded "Flamebait?" Is there not a huge disconnect between Obama's grandiose campaign promises and the reality of the policies that he's either implementing or continuing? I know it's a bitter pill for some to swallow, but anyone who was paying attention could've seen this coming.

    5. Re:People are fighting ACTA = Useless by ktappe · · Score: 3, Insightful

      If you're interested, I believe the fifth definition of "conspiracy" is most relevant here. From dictionary.reference.com:

      1. 1. the act of conspiring.
      2. 2. an evil, unlawful, treacherous, or surreptitious plan formulated in secret by two or more persons; plot.
      3. 3. a combination of persons for a secret, unlawful, or evil purpose: He joined the conspiracy to overthrow the government.
      4. 4. Law. an agreement by two or more persons to commit a crime, fraud, or other wrongful act.
      5. 5. any concurrence in action; combination in bringing about a given result.

      Regardless of these being from Dictionary.com, I debate #5 being an accurate definition for that word. "Combination in bringing about a given result" is the definition of "cooperation". "Conspiracy" definitely has a negative, malevolent connotation.

      That debate aside, I think #3 is most accurate with regard to ACTA. Especially the "secret" part.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    6. Re:People are fighting ACTA = Useless by TheMeuge · · Score: 3, Insightful

      Why mark the above post Flamebait? Just because the situation doesn't fit the narrow scope of your understanding of reality, and because your favorite candidate turned into the same sponsored turd as the guy before him, doesn't mean you should lash out at people who make that observation.

      You can only keep deluding yourself for so long...

    7. Re:People are fighting ACTA = Useless by Shakrai · · Score: 4, Insightful

      Why mark the above post Flamebait?

      Because any and all criticism of Barack H. Obama is flamebait. The same criticism of George W. Bush using the same language regarding the same topic would have warranted a +5 insightful. Didn't you read that part of the moderation faq?

      Barack H. Obama was bought and paid for by Big Media <-- -1, troll
      George W. Bush was bought and paid for by Big Oil <-- +5, insightful

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    8. Re:People are fighting ACTA = Useless by Shakrai · · Score: 4, Insightful

      The idea of the Electoral College doesn't make any more sense than the United States Senate does, yet nobody really talks about how California has the same amount of representation as Montana in a national legislative body.

      Both make perfect sense if you remember the fact that California and Montana are sovereign states that retain all powers not specifically delegated to the Federal Government nor refused to the States.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    9. Re:People are fighting ACTA = Useless by zill · · Score: 3, Informative

      As for the Electoral college, while it is true that a president could theoretically win with a mere 10-25% of the popular vote, I only recall two elections in America's history where the electoral vote diverged from the popular vote.

      Actually it's 3. In the elections of 1876, 1888 and 2000 the electoral vote differed from the popular vote.

      3 candidates won the presidency without the popular vote and I believe that's 3 too many. 3/44 = 6.8%

      They were forced to resort to indirect democracy 200 years ago because they lacked the infrastructure for direct democracy, but that limitation is long gone now.

    10. Re:People are fighting ACTA = Useless by jasonwc · · Score: 3, Informative

      I agree. I think we should scrap the Electoral College as its an antiquated, undemocratic, and unnecessary intermediary. It's only positive function is that it theoretically gives smaller states more influence, but it arguably gives too much power to small states. And, in any case, I think we should move beyond the idea of representing state sovereigns rather than persons.

      Thanks for the correction.

    11. Re:People are fighting ACTA = Useless by Anonymous Coward · · Score: 4, Insightful

      Because any and all criticism of Barack H. Obama is flamebait. The same criticism of George W. Bush using the same language regarding the same topic would have warranted a +5 insightful.

      Actually, the same criticism of GWB would've also been modded Flamebait or Troll initially, and only after further moderation would it reach +5 Insightful..... just like Shotgun's post, which was modded Flamebait when you posted, but is currently +5 Insightful.

      But, of course, everyone likes to think that their point of view is being stifled by the mindless majority.

  8. Re:Then fuck it. by drachenstern · · Score: 3, Interesting

    No, I personally voted for the other "other" guy. And I voted against pretty much every incumbent in the race (sometimes on moral grounds, sometimes due to political views) ... As an American who's sick of the system the way it is, I vote and encourage people to vote to remove all 535 from office and to replace them by rounds every 2 years. I realize we need party leadership and we need people who understand the system, but guess what, when every citizen CAN hold office, nobody needs to be shown HOW to hold office.

    A handful of men realized this 250 years ago, when they started a new country, and they figured that everyone who had any education could hold office. (granted, I'm not saying all their practices were right: I'm just as against slavery and the oppression of women as anyone else ~ I'm just saying the political concepts were much better suited for citizen self-governance).

    However, given the massive tie-in and buy-in of Corporate America inside the beltway, I'm not sure how we can really revert the damages of our fathers and our fathers fathers.

    tl;dr: Hey AC, we don't all want the hope and change that's being shoveled down our throats, mkay?

    --
    2^3 * 31 * 647
  9. documenting it on http://en.swpat.org by ciaran_o_riordan · · Score: 5, Informative

    Luckily for democracy, the process is leaking like an old bucket anyway.

    swpat.org is a publicly editable wiki, help in documenting this is very welcome.

  10. Good negotiators by DoofusOfDeath · · Score: 5, Interesting

    I feel strangely about this. It's kind of like getting divorced, and hiring a very effective, but unethical and evil divorce lawyer. You want effective representation, but if you weren't interested in the outcome you'd despise the person who chose to employ such a lawyer.

    That's how I'd feel about this, if the US trade representative was working in my interests. But of course, he/she doesn't. They're working for Disney / Microsoft / Viacom / Appple / etc. interests.

    So now I feel like somone really is acting really sleazy in my name, even when they don't represent my actual interests. I'm pretty disgusted.

  11. Re:Hope, Transparency, Change. by Sloppy · · Score: 4, Informative

    and a gop administration would be different, how?

    What part of "no change" did you not understand?

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    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  12. Re:Hope, Transparency, Change. by Attila+Dimedici · · Score: 4, Insightful

    The important difference is that people voted for Obama, even though they disagreed with many things he called for, because he promised them "change" and "transparency". It is one thing when you vote for somebody because they claim to be for a bunch of ideas you support and then learn that they aren't going to actually support half of them. It is another thing entirely to vote for someone because of one or two ideas that you think are very important while you disagree with most of what they say they want to do and then discover that they aren't going to do the things you liked, but are going to do the things you were at best ambivalent about.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  13. Re:Then fuck it. by lgw · · Score: 3, Insightful

    Voting against every incumbant is easy, but it's not really going to help. If a politician thinks "no matter what I do, I'll be voted out" there's not much reason for him to care about the voters, is there? We can fix the current system by establishing a simple feedback loop - act in the interest of the voters, and we'll keep you; act in the interest of campaign contributors, and you're out.

    Of course, the only reason why politicians care about these campaign contributors is the need for huge media buys. If we all just ignored political ads entirely, they stop working, and the expense vanishes.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  14. Re:Hope, Transparency, Change. by jjo · · Score: 4, Insightful

    But this president was going to usher in a new age of transparency, and produce "change we can believe in". Obama has the power to order the US negotiators to push for more transparency, but he has done nothing (or worse than nothing) to open up the process. At least we were able to see the final health-care negotiations televised on C-SPAN, as Obama promised. Oh, wait...

    Too many people drank the Obama kool-aid during the campaign and can't bring themselves to see that he's just another lying politician, from the left this time instead of the right.

  15. Re:Message To The World by ktappe · · Score: 4, Insightful

    Could our administration possibly act in a more corrupt manner on this issue? It seems unlikely. At least this removes all question of whose interests the Obama administration has at heart. I only good I can hope to see from this is that the DNC will lose significant goodwill with people who get their news online, harming their electability in November as people choose to stay home, or cast their vote with a 3rd party.

    Except that what will actually happen is people will vote Republicans back in and those Republicans will gladly forge ahead with ACTA just as much as the Democrats are.

    --
    "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
  16. Re:Then fuck it. by JWW · · Score: 4, Insightful

    However with ACTA, and basically every other big content initiative, Obama is openly and completely on their (big media's) side and shows every indication that he'll fight as hard to take away our rights as he did to pass health care.....

  17. Implicit and explicit conspiracies by spun · · Score: 5, Interesting

    Perhaps we should differentiate between explicit and implicit conspiracies. Generally in the popular conception of conspiracy, the conspirators actually conspire together. Meaning, they get together to discuss plans to achieve their ends, and then carry out those plans. That is an explicit conspiracy, and TheMeuge was hypothesizing that perhaps the interested parties here never needed to sit down and discuss plans together. Perhaps they were all acting individually, in an implicit conspiracy. In fact, this type of 'conspiracy' is far more common. Very few people are comfortable believing they are the bad guy. Explicit conspiracies require some kind of an acknowledgment from the conspirators that they are engaging in a conspiracy. Because implicit conspiracies require no active conspiring, people engaged in them don't even need to admit to themselves that they are doing so. The oppression of the lower classes by the owning class is an example of such an implicit conspiracy. Far from having to admit to themselves or each other that they are oppressing the lower classes, the owning class has the privilege of believing they are in fact helping them.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  18. Hope and change, open government by Wyatt+Earp · · Score: 3, Informative

    How are all those Obama promises of change working out for you folks that supported him and voted for him?

    http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment/

    "My Administration will take appropriate action, consistent with law and policy, to disclose information rapidly in forms that the public can readily find and use."

    "Public engagement enhances the Government's effectiveness and improves the quality of its decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that dispersed knowledge. Executive departments and agencies should offer Americans increased opportunities to participate in policymaking and to provide their Government with the benefits of their collective expertise and information. Executive departments and agencies should also solicit public input on how we can increase and improve opportunities for public participation in Government."

    "Collaboration actively engages Americans in the work of their Government. Executive departments and agencies should use innovative tools, methods, and systems to cooperateamong themselves, across all levels of Government, and with nonprofit organizations, businesses, and individuals in the private sector."

  19. Re:Then fuck it. by nschubach · · Score: 3, Insightful

    There are people participating in such groups, but every time they turn around, someone calls them a teabagger and tries to point to some nut-job racist calling him the leader trying to discredit the movement even though he didn't start it.

    --
    Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  20. Re:Hope, Transparency, Change. by rotide · · Score: 4, Insightful

    I voted for the guy and I agree. Change?

    Meet the new boss......

    However, I think the real kool-aid is believing that voting Republican or Democrat really gets you want you want. The whole damn thing looks like a sham at this point.

  21. Re:Hope, Transparency, Change. by 99BottlesOfBeerInMyF · · Score: 4, Insightful

    But this president was going to usher in a new age of transparency, and produce "change we can believe in". Obama has the power to order the US negotiators to push for more transparency, but he has done nothing (or worse than nothing) to open up the process.

    Absolutely. Assuming he is aware of what is going on with this, he seems to be breaking a campaign promise. My real question is, where are the opposition politicians on this? I mean, when the president breaks campaign promises, shouldn't Republican, at least a few of them, be calling him out on it publicly? I've heard not a peep, even from folks like Ron Paul. Are they all so badly in the pockets of lobbyists they won't even bring this up to attack their opponents?

  22. I read it differently. by electricprof · · Score: 3, Insightful

    I beg to differ. I read "progress is necessary so that we can prepare to release" as saying that the order of events is "progress" -> "prepare" -> "release a text" , thus progress must precede releasing a text. The definition of "progress" seems to be defined as "... issues, such as the scope of the intellectual property rights." I'm pretty sure that most of us believe that the U.S. position on scope is going to be in favor of large IP holders.

  23. As a liberal, let me confirm that by spun · · Score: 4, Interesting

    Obama is a corporatist. I knew it from the start. He is much more corporate than even Bill Clinton, who at least acknowledged after the fact that NAFTA was a huge screw-up. John Stewart interviewed Obama's law school adviser on election night, and said adviser admitted that Reagan was Obama's favorite president. Obama is not even close to being a socialist. He's barely a liberal at all.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  24. what the hell are these assholes thinking? by circletimessquare · · Score: 3, Insightful

    hey, american acta representatives: you are my representatives. you cannot adequately represent me if you won't even tell me what you are representing in my name. as such, you are not a true representative of the will of the american people, nor are we bound to any agreements you make

    your intentions have been revealed to be malicious due to the secrecy you wish to cloak yourself in: there is no honest reason for the secrecy

    negotiate in good faith or don't negotiate at all

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  25. Re:Hope, Transparency, Change. by MartinSchou · · Score: 4, Insightful

    The important difference is that people voted for Obama, even though they disagreed with many things he called for, because he promised them "change" and "transparency".

    Or, possibly, they voted for Obama, because the idea of Sarah Palin being the VP to a 72-year-old president was scarier than having Joe Biden being the VP to a 47-year-old president.

    Or possibly they voted for Obama, because the Republicans decided to go for a guy, who was worse than George W. Bush back in 2000? Or maybe they figured the Republicans had already done enough damage to mess up the country, and that anything but a Republican would be good, but the only viable choice was a Democrat? Sometimes it's a matter of picking the lesser of two evils.

  26. Re:Then fuck it. by zill · · Score: 3, Funny

    I got a Flowers By Irene van parked outside my house 24/7 now. Maybe my letters were too strongly worded.

  27. Re:Hope, Transparency, Change. by BJ_Covert_Action · · Score: 3, Interesting

    The whole damn thing looks like a sham at this point.

    I've been voting for 8 years now in the USA. I've never voted for a democrat or a republican for any office above state-congress level representation. After my poly sci class my senior year of high school I just couldn't bring myself to support either of the candidates fueled by so much, 'special interest money,' (read rich man's bribes). Everyone I've told this to has always criticized me for throwing away my vote, but so far as I see it, voting for third party candidates or write-ins is the only viable means we, as Americans, have to stand up and say, "None of the above," on our ballots. I'd mush rather tell my government, "Screw you, you're all doing it wrong," and be ignored than know that I cast a vote for an idiot, a sociopath, or a psycho.

    The only reason I bring this up is that, if you ask me, it's looked like a sham from the beginning. Then again I am very young, and perhaps there were some decades before my time where politicians and the electoral system didn't suck nearly as badly as they do today.

  28. What's being hidden? by PPH · · Score: 4, Interesting

    The USA wants some language in ACTA. But they don't want to tip their hands to certain parties outside of the process. Or these parties might call 'bullshit' on the whole thing and bring their countries negotiators home. So what's in question? Its not patents or copyrights. Everyone knows the negotiating positions and national interests involved with these issues. And the representatives from various nations are well prepared to defend their own interests in these areas.

    It appears that the USA is interested in keeping any outside eyes off their proposals. This would seem to indicate that the language they want added is aimed at something other than the standard IP issues one would associate with such a treaty.

    --
    Have gnu, will travel.
    1. Re:What's being hidden? by Scrameustache · · Score: 3, Insightful

      The USA wants some language in ACTA. But they don't want to tip their hands to certain parties outside of the process

      Parties like "the voting public" and "peoples of the world".

      --

      You can't take the sky from me...