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Is Public Debate of Trade Agreements Against the Public Interest?

onproton writes The Trans Pacific Partnership (TPP), currently being negotiated in secret, has been subject to numerous draft leaks that indicate these talks are potentially harmful to everything from public health to internet freedom. So why isn't the public involved, and why are the terms of the agreement being debated behind closed doors? According to New Zealand's current Trade Minister, Tim Groser, full disclosure of what is being discussed would likely lead to "public debate on an ill-informed basis before the deal has been done." Leaving one to question how revealing the full context and scope of the agreement talks would lead to an increase in misinformation rather than clarity.

25 of 219 comments (clear)

  1. Misleading summary by DoofusOfDeath · · Score: 4, Funny

    There is a public debate. Every citizen of the Campaign-funding Corporations of America has the ability to vote, through their elected Lobbyists.

    Oh, wait... now I see. Whoever submitted the story was referring to the form of government that the U.S. had around 1800.

    1. Re:Misleading summary by ganjadude · · Score: 4, Insightful

      its just another example of "we have to pass it before we can find out whats in it"

      Id love to see a constitutional convention in my lifetime and a few new amendments. Term limits for congress, public debate on all bills (posted in full for public consumption for at least 180 days before a vote) and no secret treaties
      br> there is more, but that would be a good start

      --
      have you seen my sig? there are many others like it but none that are the same
    2. Re:Misleading summary by fustakrakich · · Score: 3, Insightful

      It won't happen that way. They will gut the bill of rights, that's all.

      And term limits don't work, not unless you can put one on the institutions the politicians represent. Take a trip to Mexico to see what good term limits have done them. The same ruling institutional party has been running the show for almost 80 years now. Our republican/democrat charade has been going on for 150. Until the voter develops the strength to resist the propaganda and simply tune out big money campaigns there is no hope.

      The idea of majority rule is starting to hit the brick wall. We can't allow a majority to vote away the rights of the rest.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re: Misleading summary by koan · · Score: 5, Interesting

      After 12 attempts in 25 years, Congress finally repeals Glass-Steagall, rewarding financial companies for more than 20 years and $300 million worth of lobbying efforts. Supporters hail the change as the long-overdue demise of a Depression-era relic.

      On Oct. 21, with the House-Senate conference committee deadlocked after marathon negotiations, the main sticking point is partisan bickering over the bill's effect on the Community Reinvestment Act, which sets rules for lending to poor communities. Sandy Weill calls President Clinton in the evening to try to break the deadlock after Senator Phil Gramm, chairman of the Banking Committee, warned Citigroup lobbyist Roger Levy that Weill has to get White House moving on the bill or he would shut down the House-Senate conference. Serious negotiations resume, and a deal is announced at 2:45 a.m. on Oct. 22. Whether Weill made any difference in precipitating a deal is unclear.

      On Oct. 22, Weill and John Reed issue a statement congratulating Congress and President Clinton, including 19 administration officials and lawmakers by name. The House and Senate approve a final version of the bill on Nov. 4, and Clinton signs it into law later that month.

      Just days after the administration (including the Treasury Department) agrees to support the repeal, Treasury Secretary Robert Rubin, the former co-chairman of a major Wall Street investment bank, Goldman Sachs, raises eyebrows by accepting a top job at Citigroup as Weill's chief lieutenant. The previous year, Weill had called Secretary Rubin to give him advance notice of the upcoming merger announcement. When Weill told Rubin he had some important news, the secretary reportedly quipped, "You're buying the government?"

      http://www.pbs.org/wgbh/pages/...

      --
      "If any question why we died, Tell them because our fathers lied."
    4. Re:Misleading summary by NicBenjamin · · Score: 3, Insightful

      180 days before the vote? You do realize that there are only 730.5 days in a typical Congressional term? Since the last 200 or so of those days are wasted in Electoral BS, you've just forced Congress to get two years of policy making done in less then a year. Which means the President gets to do whatever he wants.

      Like damn near everyone who wants to reduce the power of lobbyists, you have no fucking clue what makes them powerful. Lobbyists are not powerful because of Secret Plans. Their political donations help, but if just having a lot of money to donate guaranteed success we would have a second privately-owned span over the Detroit River rather then the DRIC project. They are powerful because they have the resources to participate in every single debate Congress ever has in a very meaningful way. They can send a dude to every Subcommittee meeting and have a very high-level discussion over whether obscure proposal X would hurt them. The People, as a body, have extremely limited bandwidth; and most of the time a lot of it is taken up by things that Congress has no control over.

      What would actually happen in your system is Congress would post dozens of half-baked ideas in January, the people would bitch to high heaven about precisely three of them, and lobbyists would make a killing re-writing the rest.

    5. Re:Misleading summary by NicBenjamin · · Score: 3, Insightful

      Keep in mind that every state has strict term limits. Approximately 0 of them are significantly better run the the Feds. The problem with our democracy isn't the faces we're sending to Washington. It's the people who vote for those faces. And yes, I just said that most of the problems the American people have with American democracy are the fault of the American people.

      We don't agree on jack-squat. Paul Ryan strongly believes that one of the biggest problems facing the nation today is that it is over-taxed, particularly on the wealthy. If you cut their taxes and allow them to create jobs everyone will be better off. Barack Obama believes the opposite. Therefore for them to agree on a budget (which includes taxes), they basically have to base it entirely on the last year's budget (aka: the one everyone hates), because otherwise one of them would be admitting defeat.

      And the whole goddamn time they have snipe at each-other in a ridiculous attempt to gain some trivial advantage in negotiations our grandchildren will not give a fuck about. Seriously. A couple years back Bush's tax cuts expired, and there was a massive government shutdown because Obama wanted them to expire for like 99.8% of Americans, but for taxes to go up on the others; but Paul Ryan wanted to keep them around for every-damn-body. As a Democrat I loved that Obama stood up for his principles, because they are my principles, but even I am objective enough to acknowledge it was a fucking stupid fight to have.

      The only ways to reduce the BS would be mass-murder of roughly 10 million of the voters from one side or the other, or centralize power more so that the guy who came in second didn't have veto-power over public policy.

  2. yeah ... Are You Kidding? by Are+You+Kidding · · Score: 5, Insightful

    So no public debate based on no disclosure is better than ill-informed debate based on full disclosure? He might as well have said that as a form of government, dictatorship is superior to democracy.

    1. Re:yeah ... Are You Kidding? by Livius · · Score: 5, Insightful

      He might as well have said that as a form of government, dictatorship is superior to democracy.

      I think he did.

    2. Re:yeah ... Are You Kidding? by ultranova · · Score: 4, Insightful

      He might as well have said that as a form of government, dictatorship is superior to democracy.

      Well, in a democracy, the people might vote based on their best interests rather than your ideological goals. Also, they're all stupid sheeple anyway, so why should they get to veto your brillant plans?

      Communism fell due to setting the goals and secular religion of a few elites above the well-being of the masses. Now capitalism is about to fall due to acquiring a monopoly and abusing the shit out of it. History loves irony, it seems.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    3. Re:yeah ... Are You Kidding? by wierd_w · · Score: 5, Insightful

      More than that-- if you read between the lines:

      For democracy to work, the public at large must be well educated, so that they can make sound, well informed votes in the governance process.

      By making a public statement of this nature, the rep from NZ has basically stated, (implicitly), that his citizenry is not educated enough to participate in a democratic government. He is basically saying that education in NZ is a failure, and that the citizenry cant be trusted to make sound judgments.

      If that same explanation is then carried by other political figures in other countries, it means the reps from those other countries have the same exact problems.

      Rather than reform education to actually fix the problem, they instead have elected to usurp government, and destroy the foundational core of the democratic process itself.

      Educating the public so that they can make sound and valid judgments and criticisms takes too long and is too hard for these supposedly skilled and benevolent representatives to ensure, apparently.

      Everything about this statement indicates that the rep in question has no business in office, as he is not representing his citizenry, (brazenly so in fact), and is NOT acting in their best interests, by working behind their backs in secret, instead of improving conditions and overall base education to a level where they can then participate publicly.

      For the people of NZ, your representative basically just said you are too fucking stupid to be trusted with governing yourselves. He has insulted you to your faces. Do something about him.

    4. Re:yeah ... Are You Kidding? by paul_nz · · Score: 4, Informative

      Actually, they are. The most popular TV programs in NZ are about cooking and house renovation. (I am a NZer)

    5. Re:yeah ... Are You Kidding? by Mogster · · Score: 3, Informative

      For the people of NZ, your representative basically just said you are too fucking stupid to be trusted with governing yourselves. He has insulted you to your faces. Do something about him.

      Some of us recently tried and failed. 1/3 of us didn't even bother to vote, and the rest voted for Tim Groser and his ilk.
      As a NZer myself I'm afraid I have to agree.. most of us are too stupid, or too apathetic to govern ourselves. As the poster below pointed out - the most popular programmes here are so the called reality shows, that have no basis in reality and designed to keep the masses dumbed down to the level of a 7yr old

      --
      ACK NAK RST
  3. Of course not. by Anonymous Coward · · Score: 4, Interesting

    Using treaties and agreements negotiated in secrecy with other nations to do an end-run around the democratic process is *obviously* a subversion of everything a civilized country *should* stand for. Public debate is not actually a bad thing - but because of things like these the public interest is becoming increasingly irrelevant.

    1. Re:Of course not. by king+neckbeard · · Score: 4, Insightful

      A mutually beneficial trade agreement is pretty simple. Don't blow us up and we'll allow you to freely trade with us. Get much more specific that and you are just carving out little exceptions to protect whichever pet industries fill your coffers.

      --
      This is my signature. There are many like it, but this one is mine.
  4. There is some place for secrecy by langelgjm · · Score: 5, Informative

    There is some place for secrecy in negotiation. If our negotiators are trying to get the best deal for us, they don't want to reveal what concessions they are willing to make until they have a sense of the concessions other parties are willing to make.

    The problem is that, at least in the US, the trade negotiating agency has its priorities set by a limited number of industry advisory groups, and these groups are not representative of US interests. The composition of the groups is about 20 years behind the times, so as a result you have a trade agency pushing for copyright restrictions without thinking about how they will affect the technology industry.

    The trade agency also expends a disproportionate amount of bargaining capital on intellectual property, thus reducing what it is able to accomplish in other areas, such as labor and environmental standards.

    Finally, the trade agency writes its own interpretation of US law into free trade agreements. It's usually pretty close to what US law actually says, but sometimes it misinterprets it, or US law changes and the FTA text ends up saying something completely different.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    1. Re:There is some place for secrecy by Antique+Geekmeister · · Score: 4, Insightful

      > Most of the nogotiations are, or should not be, a game, where you try to achieve advantage over the other "partners", but try an agreement that benefits boths sides, or all, sides of the agreement.

      Oh, dear. _All_ negotiations are games. Your goals, as an honest negotiator, should include your personal and group benefits, and do not have to include _hurting_ other people in the process. But the refusal to acknowledge that the game exists is much like "I refuse to play office politics." The people who make such claims are generally just very bad at it, and thus want everyone else to be equally hampered, or a very few of them are very subtle and want to be able to play their best game while their potential competitors think the game is not in progress.

      If you worked for or with me, I'd be delighted to walk you through some of the typical salary negotiation games just so you're aware that they exist and in what ways they're inevitable. It helps reduce the conflicts and backbiting and tragic that occur when the games are kept entirely secret and the negotiations occur without the knowledge of other interested or directly affected parties.

  5. Warning by koan · · Score: 5, Informative

    https://en.wikipedia.org/wiki/...

    This is why it’s “secret”.

    The majority of Congress is being kept in the dark as to the substance of the TPP negotiations, while representatives of U.S. corporations—like Halliburton, Chevron, PHRMA, Comcast, and the Motion Picture Association of America—are being consulted and made privy to details of the agreement. [...] More than two months after receiving the proper security credentials, my staff is still barred from viewing the details of the proposals that USTR is advancing. We hear that the process by which TPP is being negotiated has been a model of transparency. I disagree with that statement.[94]

    Corporations don’t want the hassle of people complaining and/or some members of congress doing something about it.
    That tells you right there it’s a bad thing.

    Here’s something else.

    they are concerned that the TPP focuses on protecting intellectual property to the detriment of efforts to provide access to affordable medicine in the developing world, particularly Vietnam, going against the foreign policy goals of the Obama administration and previous administrations.[79]

    Read the entire wiki, then read this article to see exactly what might happen to who gets to set foreign policy.

    Then. read this.
    http://www.theatlantic.com/pol...

    --
    "If any question why we died, Tell them because our fathers lied."
  6. Inform us then by Roger+W+Moore · · Score: 4, Insightful

    "public debate on an ill-informed basis before the deal has been done."

    It's a politician's job to inform us. If we are ill-informed they only have themselves to blame. Once the deal is complete it is extremely hard to impossible for the public to have any input because it then becomes a case of take it all or leave it all and there is always something good in there. This then allows some governments to use these treaties to ram extremely unpopular laws through which they can't get passed using the democratic process and, at the same time, foist them off on other nations whose people don't want them either.

    Secret negotiations only work when you trust the people negotiating on your behalf to do so in your best interest. Let's face it, regardless of whichever country you are in, do you really trust your politicians to do that for you in this day and age?

  7. likely vs guaranteed by Phillibuster · · Score: 3, Interesting

    So public disclosure of the terms is "likely to lead this to go immediately into the public debate on an ill-informed basis", and yet aren't secret terms and meetings guaranteed to result in ill-informed debate? If the agreement were truly in the public interest, then it sounds like Groser is saying is that the public is too stupid to be persuaded to support the agreement via educational campaigns. The reality is that these agreements are trying to achieve aims that are in the interests of corporations and other mega-donors, not further the interest of the people, and that's what they don't want known.

  8. Re:We have to pass it to find out what's in it! by Anonymous Coward · · Score: 3, Interesting

    According to New Zealand's current Trade Minister, Tim Groser, full disclosure of what is being discussed would likely lead to "public debate on an ill-informed basis before the deal has been done."

    "We have to pass it to find out what's in it!" - Nancy Pelosi

    Of course, in context, what that quote meant was that she couldn't provide the final text of the Affordable Care Act before the scores of amendments had been voted on, because she couldn't somehow "know" exactly which ones would pass.

    I suspect the same sort of thing would happen if all treaty negotiation had to happen in public. Inevitably diplomacy involves compromises. In a fully transparent process, at the first signs that a politician might be considering making a concession on the particular concern of some special interest group the politician would come under intense pressure. There would be no consideration of the wider gains and losses from the treaty as a whole, it would just be endless talking points along the lines of "why does Tim Groser want to destroy our farming industry and poison our kids by allowing in cheap antibiotic-laced US meat". Negotiations would reduce to politicians from different countries mouthing sound-bites at each other aimed at domestic audiences and nothing would ever get done.

  9. Why? They don't negotiate for us.. That's why. by jageryager · · Score: 3, Insightful

    The TPP isn't for American Citizens. It's for companies that are buying american politicians. That's why. It's very obvious..

    - Kevin.

    --
    "They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety"-B.Franklin
  10. Bad Samaritans by Hasaf · · Score: 5, Interesting

    I recently finished the book Bad Samaritans: The Myth of Free Trade and the Secret History of Capitalism by Ha-Joon Chang. He makes a very good point that the "free" trade agreements themselves are frequently against the public good and primarily benefit entrenched corporations at the expense of developing nations and, often the workers in developed nations. Because the field of economics has been captured by the neo-liberal wing (not liberals in the sense of the word as used in the US.. . think 1700s' liberal) it is essential that the people impacted by these policies, not just those who stand to benefit, have a voice in the process. [link to book; no, I do not get a cut http://www.amazon.com/Bad-Sama... ]

  11. Re:Free speech but not trade by jageryager · · Score: 3, Interesting

    Assuming you are American or from another developed country Free Trade probably isn't the goal. Free Trade will mostly benefit big corporations who will make more money by producing items in whatever country who's employees will work for the least. And those 3rd World Countries will benefit big time. Effectively wages and standard of living gets averaged out. Rich North Americans and Europeans get poorer as our jobs move out of our countries, and our money moves out of our economies.. Poor Africans and Asians get richer.

    -Kevin

    --
    "They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety"-B.Franklin
  12. And here is where freedom ends by DumbSwede · · Score: 4, Interesting

    Contrary to Betteridge's law, the answer here is Yes

    Despite all of America's faults our freedom of speech and self correcting form of democracy had always made me proud to be and American. These days however we seem to teeter on the edge of Fascism in order to preserve the interests of the top 1%.

    The freedom of the internet and the cultural clash with ideologies like radical Islam seem to have created a perfect storm to motivate those at the top to grab what they can now and lock down everything to keep it for themselves in perpetuity.

    Automation will increasingly make goods cheaper. Intellectual property is essentially free to distribute once created. Since there will be less profits in making goods going forward, the way to more riches is to lock up IP and make it artificially expensive. The ultimate cash-cow.

    The top 1% decry the inheritance tax (death tax in rich parlance). By all measures class mobility in America is declining – lowering taxes for the rich is increasingly a scam to produce a new nobility, not a way to spur more hiring. It is not a coincidence I think that as tax rates for the rich have declined that the rich are pulling away year after year from the middle class. The advantages the rich have had over the last few decades never seem to trickle down to the middle class, so why always the argument the rich are needed to create jobs? The more we give the less we get.

  13. This is Inverted Totalitarianism by Anonymous Coward · · Score: 5, Interesting

    Hearing this, I cannot help but thinking that our political systems reflect something called Inverted Totalitarianism.

    Inverted totalitarianism is a term coined by political philosopher Sheldon Wolin in 2003 to describe the emerging form of government of the United States. Wolin believes that the United States is increasingly turning into an illiberal democracy, and uses the term "inverted totalitarianism" to illustrate similarities and differences between the United States governmental system and totalitarian regimes such as Nazi Germany and the nationalist Spain.

    Wolin holds that the United States has been increasingly adopting totalitarian tendencies as a result of transformations undergone during the military mobilization required to fight the Axis powers in the 1940s, and the subsequent campaign to contain the Soviet Union during the Cold War:[2]

    He refers to the U.S. using the proper noun "Superpower", to emphasize the current position of the United States as the only global superpower.

    While the versions of totalitarianism represented by Nazism and Fascism consolidated power by suppressing liberal political practices that had sunk only shallow cultural roots, Superpower represents a drive towards totality that draws from the setting where liberalism and democracy have been established for more than two centuries. It is Nazism turned upside-down, “inverted totalitarianism.” While it is a system that aspires to totality, it is driven by an ideology of the cost-effective rather than of a “master race” (Herrenvolk), by the material rather than the “ideal.”[6]

    According to Wolin, there are three main ways in which inverted totalitarianism is the inverted form of classical totalitarianism.

    - Whereas in Nazi Germany the state dominated economic actors, in inverted totalitarianism, corporations through political contributions and lobbying, dominate the United States, with the government acting as the servant of large corporations. This is considered "normal" rather than corrupt.[7]

    - While the Nazi regime aimed at the constant political mobilization of the population, with its Nuremberg rallies, Hitler Youth, and so on, inverted totalitarianism aims for the mass of the population to be in a persistent state of political apathy. The only type of political activity expected or desired from the citizenry is voting. Low electoral turnouts are favorably received as an indication that the bulk of the population has given up hope that the government will ever help them.[8]

    - While the Nazis openly mocked democracy, the United States maintains the conceit that it is the model of democracy for the whole world.[9] Wolin writes:

    Inverted totalitarianism reverses things. It is all politics all of the time but a politics largely untempered by the political. Party squabbles are occasionally on public display, and there is a frantic and continuous politics among factions of the party, interest groups, competing corporate powers, and rival media concerns. And there is, of course, the culminating moment of national elections when the attention of the nation is required to make a choice of personalities rather than a choice between alternatives. What is absent is the political, the commitment to finding where the common good lies amidst the welter of well-financed, highly organized, single-minded interests rabidly seeking governmental favors and overwhelming the practices of representative government and public administration by a sea of cash.[10]