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Extreme Secrecy Eroding Support For Trans-Pacific Partnership

schwit1 writes with news that political support for the Trans-Pacific Partnership is drying up because of the secrecy involved in developing it. Members of Congress can read the bill if they want, but they need to be located in a single room within the basement of the Capitol Visitor Center, and they can't have their staff with them. They can't have a copy, they can't take notes, and they can only view one section at a time. And they're monitored while they read it. Unsurprisingly, this is souring many members of Congress on the controversial trade agreement.

"Administration aides say they can’t make the details public because the negotiations are still going on with multiple countries at once; if for example, Vietnam knew what the American bottom line was with Japan, that might drive them to change their own terms. Trade might not seem like a national security issue, they say, but it is (and foreign governments regularly try to hack their way in to American trade deliberations)."

169 comments

  1. Laws that need to be made in secret by halivar · · Score: 5, Insightful

    are bad laws. Period. I am hard pressed to think of an exception.

    1. Re:Laws that need to be made in secret by cdrudge · · Score: 4, Insightful

      How can any law even be a law if it's made in secret?

    2. Re:Laws that need to be made in secret by queazocotal · · Score: 2

      Changes to excise duty, or currency policy for example that can lead to those with capital making large amounts of money at the expense of the government.

    3. Re:Laws that need to be made in secret by The+Real+Dr+John · · Score: 5, Insightful

      Secret "trade agreements" written by lawyers for large multinational corporations... what could be wrong with that? I see no problems with other countries suing US regulatory agencies for lost revenue when their deadly products are taken off the market in the US.

      --
      A brain is a terrible thing to waste... Mind? That's debatable.
    4. Re:Laws that need to be made in secret by Headw1nd · · Score: 3, Interesting

      While this holds true for laws, international diplomacy is almost always made in secret. If you take secrecy away from diplomacy, everyone wants a voice, if you give everyone a voice, you end up with the UN. You can decide for yourself if that is more or less effective.

    5. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      Just give it to the DNC with "We have to pass this law to see whats in it." attitude.

      You gave them a pass on the ACA, why wouldn't they do it again? I blame the voters for reelecting people who have done this in the recent past and are still in office today.

    6. Re:Laws that need to be made in secret by queazocotal · · Score: 1

      I am very much against TPP without openness.
      For example, if you say you're going to increase the duty on X 6 months out, then those with large amounts of capital simply buy and import a lot of X and store it, gaining a price advantage over those without large amounts of capital and depriving the government of revenue that means it may have to increase taxes or do other things that hit the poorer more.

      TPP is rather different from this, as primarily those benefiting will not be small companies or individuals, but large companies and lawyers.

    7. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 2, Insightful

      The UN is great for what it's supposed to do -- prevent WWIII. It has been 100% effective at it.

      The fact that it is ineffective at other things is, in contrast, irrelevant.

    8. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      There's a difference between "a voice" and "negotiating authority". Remember that these things HAVE THE POWER OF THE CONSTITUTION! These are laws that can not be repealed.

      "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land"

    9. Re:Laws that need to be made in secret by Sarten-X · · Score: 2, Informative

      The final laws aren't secret, but during some parts of the lawmaking process, their details may be kept secret, for exactly the reason in TFS. People tend to react poorly when they think they're being offended, regardless of whether the offensive terms ever make it into a final version of the bill. It could be Vietnam being offended that they're not America's best friend like Japan, or it could be that the initial drafts of a particular law could be read to discriminate against a particular group, before that group's representative gets a chance to weigh in.

      In either case, the result is often the same. The offended people get to complain, everybody gets mad, the bill is changed much the same as it would be without the outrage, and life goes on, only with a bit more resentment for the media-fueled mud-slinging.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    10. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      If you give everyone a voice, you end up with the UN.

      What? Are you just taking it as an assumption that we all agree the UN is a bad thing? Cuz I think the UN is awesome. And I'm wildly in favor of giving everyone a voice.

    11. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      False.

      http://en.wikipedia.org/wiki/Head_Money_Cases

    12. Re:Laws that need to be made in secret by dywolf · · Score: 1

      It's not a law.
      It's a trade deal.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    13. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 1

      As if its corporate 'benefactors' aren't already well-informed about the likely contents of the TPP that are relevant to their interests.

      After all, they pretty much drafted the fucking thing.

    14. Re:Laws that need to be made in secret by Zak3056 · · Score: 1, Insightful

      The UN is great for what it's supposed to do -- prevent WWIII. It has been 100% effective at it.

      Correlation is not causality.

      --
      What part of "shall not be infringed" is so hard to understand?
    15. Re:Laws that need to be made in secret by CrimsonAvenger · · Score: 4, Informative

      Umm, it's a TREATY. Which has the force of law under the Constitution.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    16. Re:Laws that need to be made in secret by Rich0 · · Score: 1

      For example, if you say you're going to increase the duty on X 6 months out, then those with large amounts of capital simply buy and import a lot of X and store it, gaining a price advantage over those without large amounts of capital and depriving the government of revenue that means it may have to increase taxes or do other things that hit the poorer more.

      A couple of issues I have with this line of argument:

      1. Suppose the government charges 6% duty today and is thinking about increasing it to 20% duty in six months. If there were no agreement the duty would be 6% indefinitely. If a company was planning on paying 6% in six months, and instead pays 6% today, that actually gives the government MORE revenue compared to what it would have been without the trade agreement. It does provide less revenue than the trade agreement would provide, but presumably the government's tariff schedule worked before the agreement.

      2. I don't think that governments should really be depending on tariffs as a source of revenue, per se. Tariffs should really be more about economic inequities, such as workers in foreign countries having fewer social benefits and therefore a lower cost base, or whatever. In most cases the government shouldn't be relying on them to balance the budget.

      3. Just how often will tariffs be going up? I thought the reasons all the big corporations liked these agreements was that it tended to lower costs for them.

    17. Re:Laws that need to be made in secret by Zocalo · · Score: 5, Informative

      Well, that's the reason being claimed by the proponents of the bill anyway. It does kind of make sense why it would need to be a secret of you accept that as fact; if the US has agreed to pay an import duty rate of 10% to one country, and another is only getting 8%, then the latter might want 10% too. In international trade, that could be worth billions of dollars per annum, so it's in the US' best interests not to disclose that until the deal is done and documents have been signed.

      However.

      We have no assurances that is *all* that is being protected by this cloak of secrecy. There could easily be all sorts of other things squirrelled away in there that people will jump all over if it's made public - legal provisions for extending the US idea of justice to other nations; extradition arrangements, tweaks to copyright / trademark / patent legislation, and so on. Sure, some of that might also come under the same kind of preferential setup as in the example above, but without even a redacted version of the proposed legislation available how are people to have any confidence that at all is the case and there is little to worry about? Not disclosing the precise percentages are is one thing, but not even disclosing what the high level details are is something else entirely and just furthers the joke that the "most transparent administration ever" claim has now become.

      --
      UNIX? They're not even circumcised! Savages!
    18. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      Correlation is not causality.

      Is that what you told your boss at your last performance review?

    19. Re:Laws that need to be made in secret by Coisiche · · Score: 4, Informative

      I see no problems with other countries suing US regulatory agencies for lost revenue when their deadly products are taken off the market in the US.

      Yeah, we have a similar problem in Europe where the TTIP (as in Transatlantic) would open up to a flood of US products that would fail current European regulations. Only the lawyers are going to get rich out of it.

    20. Re:Laws that need to be made in secret by SpockLogic · · Score: 1

      The MPAA/RIAA cabal needs this secret treaty. So stop complaining and go back to being a quiet compliant prole.

    21. Re: Laws that need to be made in secret by Anonymous Coward · · Score: 1

      Except this law isn't being made in secret only the terms of the agreement or being negotiated away from the Congress, which is actually typical practice. When the final bill is ready the Congress will be able to read it over in public, the people will have access to it, and everyone will be able to discuss whether it is a good bill or a bad bill.

    22. Re:Laws that need to be made in secret by Applehu+Akbar · · Score: 4, Insightful

      If trade policies are going to be workable, they need to apply to all, or at least large classes of countries, as equally as possible. The very existence of secrecy for the reasons you describe means that we are trying to micromanage the trade policies we have with individual countries in response to pressure from corporate lobbyists.

      Tear up this mess of corporate secrets. The trade treaty we need is one that can be negotiated openly.

    23. Re:Laws that need to be made in secret by wvmarle · · Score: 1

      Yeah, we have a similar problem in Europe where the TTIP (as in Transatlantic) would open up to a flood of US products that would fail current European regulations. Only the lawyers are going to get rich out of it.

      Or so we think... The news that I read about it is contradictory, some argue that this is not the case at all. This of course confirms the key issue which is that the negotiations are done all in secret, and that the various governments want to pass the agreement and make it into law in secret, and that only after the fact the general population gets a say in it.

      So while there's a lot of talk about the good/bad of this agreement, what it really is going to be (if it ever sees the light), or even what the current status of the negotiations is, we simply don't know!

    24. Re:Laws that need to be made in secret by judoguy · · Score: 0

      You mean like ObamaCare?

      --
      Peace is easy to achieve, just surrender. Liberty is much harder get/keep.
    25. Re:Laws that need to be made in secret by knightghost · · Score: 5, Insightful

      You hit the nail on the head - we don't trust the people involved. To take it a step forward, we are fairly certain based on past experiences that the people involved are NOT working in our best interest.

    26. Re:Laws that need to be made in secret by DarkOx · · Score: 4, Insightful

      The could publish the entire text of the bill if that was the reason with blanks for country specific percentages. They could let congress persons make notes and just check that they have not noted the percentages before they leave.

      The reason offered is 100% pure bull shit, but its not even quality bull shit, its the kind that leaves you to wonder what they fed the poor bull.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    27. Re:Laws that need to be made in secret by DarkOx · · Score: 1

      So write your congress person. I think its important we express the view that perhaps outside the limited scope of defense; secret law making is an unacceptable practice that undermines democracy.

      How can I express my wishes to you as a constituent if I can't know what is being discussed. Even if you take the view that as my representative after the election I am supposed to trust you to look out for my interests, how can evaluate you and decide if I should help re-elect you if I can't know what legislating you did until after the end of your term when it goes into effect.

      I think as the public we need to send the message that unless there is a clear direct immediate relationship to the secrecy and national security our expectation is "Just vote no."

      "We have to pass the bill to see what is in it" is just irresponsible in the context of our core value of government by the people for the people.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    28. Re:Laws that need to be made in secret by dryeo · · Score: 1

      Will America actually get sued and pay up? With NAFTA it all seems to be American companies suing the Canadian government to continue selling their unsafe products that have been banned in the States

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    29. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 3, Insightful

      You hit the nail on the head - we don't trust the people involved. To take it a step forward, we are fairly certain based on past experiences that the people involved are NOT working in our best interest.

      What are you talking about? This law is absolutely in my best interes... oh, wait: you're not a billionaire industrialist, are you? Nevermind.

    30. Re:Laws that need to be made in secret by ArsenneLupin · · Score: 2

      Laws that need to be made in secret are bad laws.

      ... and not only bad, but also unconstitutional in many places. For example, in Luxembourg, the Constitution says that secret treaties are "abolished". Art. 37 subparagraph 3.
      http://www.legilux.public.lu/leg/textescoordonnes/recueils/Constitution/Constitution.pdf

      "Les traités secrets sont abolis."

      Short and to the point.

      (I know, Lux will not be party to this treaty, but it might be party to the similarly secret TTIP treaty)

    31. Re:Laws that need to be made in secret by wvmarle · · Score: 1

      So write your congress person.

      It doesn't work like that in Europe.

    32. Re:Laws that need to be made in secret by anagama · · Score: 5, Insightful

      The final laws aren't secret, but during some parts of the lawmaking process, their details may be kept secret, for exactly the reason in TFS.

      Actually, and incredibly, the final law will be secret for a while:

      The chapter in the draft of the trade deal, dated Jan. 20, 2015, and obtained by The New York Times in collaboration with the group WikiLeaks, is certain to kindle opposition from both the political left and the right. The sensitivity of the issue is reflected in the fact that the cover mandates that the chapter not be declassified until four years after the Trans-Pacific Partnership comes into force or trade negotiations end, should the agreement fail.

      http://www.nytimes.com/2015/03...

      --
      What changed under Obama? Nothing Good
    33. Re:Laws that need to be made in secret by fustakrakich · · Score: 1

      It has been 100% effective at it.

      Beginner's luck!

      --
      “He’s not deformed, he’s just drunk!”
    34. Re:Laws that need to be made in secret by Sarten-X · · Score: 1

      It's not just percentages. We could be waiving whole conditions for particular countries, or requiring extra terms for others.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    35. Re: Laws that need to be made in secret by Anonymous Coward · · Score: 5, Insightful

      Drafting in secret is one thing, but once the draft is ready to be voted on as law, it must be made public, then there must be a suitable amount of time where the public can discuss and debate. This is not happening with TPP. There is push to fast track the agreement which is a simple thumbs up or down to the whole thing without first sharing with the rest of us and seeing what we think of it. It is my understanding from leaked sections that it is to remain classified to the public for 4 years AFTER going into effect.

      What the fuck is up with that? That's not democracy in any language. That is however what happens when lawyers from massive companies write agreements whereby people have their sovereignty signed away. And if the representatives of those people are bought and paid for by said companies, then these things will pass.

      From leaked sections we see that a company can have overturned local ordinance enacted by citizens if it hurts their profit and guess who hears and makes judgement on the case? The F'ing World Bank. So if in your town you pass a law that energy companies can't dump fracking waste on elementary school yards, they can have it overturned. Well, you know, as long as the world bank agrees.

      The TPP is treason plain and simple. This is one thing everyone truly needs to contact and pressure their reps over. Hound your friends to write also - you know- the 98% of the people you know who never write their reps because they think their voice doesn't matter. Well it does today. Speak out!!

    36. Re: Laws that need to be made in secret by Anonymous Coward · · Score: 2, Insightful

      I think the "most transparent administration" promise was actually a line drawn in the sand. Going forward we should expect government to be less transparent based on what we see now.

    37. Re:Laws that need to be made in secret by schwit1 · · Score: 1

      What happens if a treaty conflicts with the constitution or existing law? What if the TPP says that governments don't need to get warrants in enforcing copyright enforcement or that an IP address is sufficient evidence of guilt?

    38. Re:Laws that need to be made in secret by Sarten-X · · Score: 1

      I was speaking generally, but yes, that's wrong. A few months, I could understand, as a courtesy to the less-transparent governments in the group... but years irritates me.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    39. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      Never heard of the League of Nations, have we? It is a direct predecessor to the UN. The last meeting... "The League is dead. Long live the United Nations."

    40. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      "Administration aides say they can’t make the details public because the negotiations are still going on with multiple countries at once; if for example, Vietnam knew what the American bottom line was with Japan, that might drive them to change their own terms

      Wait, this makes it sounds like parties in the supposed "partnership" are keeping secrets from other parties in the pact. What the what?? This alone screams out the impropriety and absurdity of this pact. How can this even be considered momentarily, nevermind seriously considered, by the proposed members?

      captcha: typified

    41. Re:Laws that need to be made in secret by Vladius · · Score: 0

      The only problem with this is that the Republicans want this and they don't know what's in it either. You would think the Obama haters would be frothing at the mouth over this.

    42. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 1

      Those involved do not even want the realities of free trade made known!

      "They fear that an accurate portrayal of U.S. manufacturing will result not in a robust U.S. manufacturing strategy but in trade protectionism," the authors write. As a result, the report warns that policymakers and business leaders are being lulled into complacency.

    43. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      What happens if a treaty conflicts with the constitution or existing law?

      Nothing. Why are you so worked up about this?

      http://en.wikipedia.org/wiki/Head_Money_Cases

    44. Re:Laws that need to be made in secret by Adambomb · · Score: 1

      Lisa, I want to buy your rock.

      --
      Ice Cream has no bones.
    45. Re:Laws that need to be made in secret by Bob+the+Super+Hamste · · Score: 1

      My understanding is that a treaty cannot supersede the US constitution but can regular US law.

      --
      Time to offend someone
    46. Re:Laws that need to be made in secret by hey! · · Score: 2

      There's nothing wrong with drafting a treaty in secret, it's often necessary. But you can't make it so hard to examine the treaty and debate it during the ratification process.

      That's because ratifying treaties puts more restrictions on Americans in the future than anything else Congress can do. Treaties pre-empt local law and pre-existing federal law. Congress can pass contradictory laws in the future but those would be considered unilateral abrogations under international law and undermine US demands that other countries live up to *their* treaty obligations.

      So if there is something dodgy in a ratified treaty for practical purposes you're stuck with it. Anything which hinders the Senate's ability to examine and debate the treaty in detail undermines the Senate's constitutional role. It is not an exaggeration to call something like that a step toward tyranny.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    47. Re:Laws that need to be made in secret by cayenne8 · · Score: 2

      Or...it could be the administration wanting to bypass congress and get things it couldn't get through congress in a treaty, which surprisingly has the power of law of the land should it slide by and get passed as a treaty.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    48. Re:Laws that need to be made in secret by NixieBunny · · Score: 2

      If the lawmakers were treating all countries fairly, then this would not be an issue, as no country would be offended by the deal given to another. Only stinky laws need to be kept secret.

      --
      The determined Real Programmer can write Fortran programs in any language.
    49. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      the less-transparent governments in the group

      You mean ours, right? Why does our government deserve any courtesy, of any kind, in any context, ever?

    50. Re:Laws that need to be made in secret by king+neckbeard · · Score: 2

      There are only a few reasons why certain countries might get a better deal. They either have a good reason, or they don't. If they have a good reason, they don't need to keep it a secret. If they don't have a good reason, then this unfair behavior SHOULD be exposed.

      --
      This is my signature. There are many like it, but this one is mine.
    51. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 1

      I feel someone needs to point out the history behind most treaties and trade agreements in our history. (And I am not a shill for either side here just pointing out how these things have always been negotiated.)

      In the past, before instantaneous communications, a person or group of persons would make a journey to another country and meet with that country and others to discuss an agreement. These talks would eventually reach some kind of conclusion and the people would journey back to the US and present the treaty to Congress and the President. If a majority of Congress and the President agreed then it would get signed and become our law. Then the news would start proclaiming the details of what was agreed to. All of it was done in "secret" but not because of a choice to make it secret, it just took a very long time to communicate over long distances. And (here's where you will gasp, I'm sure) no one thought anything of it.

      Simply put, treaties are always negotiated in secret because you can do public negotiations and actually get anything done.

      Not that any of you will care but I am opposed to this treaty due to things that have been leaked that I do not support. Not because of it being secret.

    52. Re:Laws that need to be made in secret by gstoddart · · Score: 1

      Because, in all honesty, you can probably assume that the "trade deal" is heavily skewed to protect corporate interests, and will not benefit anybody else.

      Essentially these treaties are heavily influenced (if not actually written) by corporate demands.

      It's secret because if people knew the government was essentially acting as lackeys for the copyright cartels and the like, people might disagree with it.

      It really can't be a good "treaty" if you have secret terms with each of the countries you're trying to get do sign on.

      They just don't want their peers to know how much they're getting screwed by globalization.

      Mark my words, the only ones who will benefit from this will be multinational corporations. And it will probably extend copyright in a few more countries.

      --
      Lost at C:>. Found at C.
    53. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      "We have to pass the bill to see what is in it" is just irresponsible in the context of our core value of government by the people for the people.

      Two different things though. Treaties are always hashed out behind closed doors. US laws are supposed to be publicly debated. Those who made that staement should have been violently removed from office. Unfortunately their constituents decided to vote them back in which proves you can't fix stupid.

    54. Re:Laws that need to be made in secret by preaction · · Score: 1

      But that's fucking REALITY! And I could connect the dots to an entire host of social and economic problems that stem from THAT ONE THING!

    55. Re:Laws that need to be made in secret by king+neckbeard · · Score: 1

      Exactly, the whole idea of free trade is about NOT being protectionist and NOT playing favorites.

      --
      This is my signature. There are many like it, but this one is mine.
    56. Re:Laws that need to be made in secret by jbengt · · Score: 0

      You have a misunderstanding. Treaties trump the US constitution. Which is why they should get extra careful scrutiny before they are agreed to.

    57. Re:Laws that need to be made in secret by jbengt · · Score: 1
      I should add, I'm not sure that this would qualify as a treaty. From Wikipedia:

      The majority of United States free trade agreements are implemented as congressional-executive agreements. Unlike treaties, such agreements require a majority of the House and Senate to pass. Under "Trade Promotion Authority" (TPA), established by the Trade Act of 1974, Congress authorises the President to negotiate "free trade agreements... if they are approved by both houses in a bill enacted into public law and other statutory conditions are met."In early 2012, the Obama administration indicated that a requirement for the conclusion of TPP negotiations is the renewal of "fast track" Trade Promotion Authority.

    58. Re:Laws that need to be made in secret by jbengt · · Score: 2

      Umm, it's NOT a treaty (at least not if it's done under the Trade Promotion Authority). A treaty would require a 2/3rds vote in the Senate.

    59. Re: Laws that need to be made in secret by Anonymous Coward · · Score: 0

      Did you even read anything? You will get to see it ... 4 years after it is passed.

    60. Re:Laws that need to be made in secret by Sarten-X · · Score: 1

      Actually, I very intentionally did not refer to any particular country. Frankly, I'm not a fan of courtesy, period. I'd much prefer honest communication between all parties in discussions, with everyone being mature enough to ignore offenses until it's their turn to voice concerns, and everyone being mature enough to make sure everyone gets their turn.

      This is politics, though. Maturity is seldom a politician's strongest trait. In that case, courtesy is often a good-enough mechanism to keep the system moving.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    61. Re: Laws that need to be made in secret by Anonymous Coward · · Score: 0

      1) Fast Track only means that the bill is to be debated and voted on as a singular entity, not subject to amendments during the legislative process. That is all it means. It doesn't mean that the bill is rushed through congress. Now why do that? Well it's because any amendments to the bill in the US legislative body effectively breaks the treaty outright, and therefore requires it to be renegotiated.

      2) The sections regarding overturned ordinances, that is more a requirement of other nations, not the US. The TPP is essentially forcing US law on other countries.

      3) I don't think you know what treason actually is. (and yes, it IS different from High Treason).

    62. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      If the treaty conflicts with the constitution, then the treaty will be determined to be unconstitutional. If the SCOTUS determines that it is constitutional to not require a warrant before enforcing copyright, then it is unclear what the TPP has to do with that.

    63. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      No, they do not trump the constitution. However, because treaties are international, they may not actually apply.

    64. Re:Laws that need to be made in secret by Fire_Wraith · · Score: 1

      I have no idea, having not seen the document, its cover sheet, classification, or any of that, so I can neither confirm nor deny anything about the TPP.

      That said, declassification dates on a classified document are not a hard and fast thing. The President has the authority to declassify anything he wants to, and at times in the past this has happened for one reason or another. It's pretty rare, but it has happened. There are also various other methods for declassifying something that have nothing to do with the date.

      That said, nothing guarantees something does get declassified on that date. Really, it's more of a "review this material for declassification on this date." Some stuff can stay secret for decades and decades, whether because it's still somehow relevant to national security, or for whatever other reason the review committee doesn't approve it.

      So, your mileage may vary; but to me this sounds less like a "Keep this absolutely secret for four years after!" and more like standard operating procedure to slap a declassification (review) date on a document.

    65. Re:Laws that need to be made in secret by Darinbob · · Score: 1

      If the bill is created in secret, then that's ok. However it needs to be fully accessible before it is voted upon.

    66. Re:Laws that need to be made in secret by Fire_Wraith · · Score: 1

      And to clarify again, my point is less about the document itself, and more to suggest that no one should read anything special into some arbitrary date supposedly associated with potentially leaked material.

    67. Re:Laws that need to be made in secret by Darinbob · · Score: 1

      But I presume it must be made public before it can be voted upon.

    68. Re:Laws that need to be made in secret by Sarten-X · · Score: 1

      America might think they're good reasons, but another party might disagree. Politics is far more complicated than "we like these guys now".

      There was a time when China (the communist mainland) wouldn't deal with any organization that recognized the government of China (the government in exile on Taiwan). If they had to interact with such organizations, the PRC would make sure they got a better deal than the ROC did.

      Your simple solution doesn't work so well in the real world.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    69. Re:Laws that need to be made in secret by bughunter · · Score: 1

      People tend to react poorly when they think they're being offended.

      Yes, well people tend to react even worse when they think they're being screwed by secret deals made in back rooms by people who they feel have screwed them before.

      So the question becomes, whose reactions are more important? Up to this point, it's clear no one involved has given half a nanofuck about average citizens or workers.

      The way this treaty is being negotiated and ratified just does not pass the smell test. It stinks from two kilometers away.

      In other words, if you want people to trust you not to screw them, then you have to stop acting like Milburn fucking Drysdale and Thurston goddamn Howell the Third.

      --
      I can see the fnords!
    70. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      But I presume it must be made public before it can be voted upon.

      Unfortunately... no. This treaty includes provisions for certain sections to be kept secret for several years.

    71. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      How did this misinformation get modded up? You're 100% wrong... http://en.wikipedia.org/wiki/Head_Money_Cases

    72. Re:Laws that need to be made in secret by Anonymous Coward · · Score: 0

      ... if it's made in secret?

      I mean when it's national security, a cop can say "no lawyer, no judge, go straight to secret prison". That is in no way a good thing but it can be done. With a business deal every multinational will know very quickly they can't sell widgets to the country of Zooland and import duty is 10% in WakiLand and 20% in Hoboland. Making this secret for 4 years is simply ridiculous for doing business. No, the only reason is like the US DMCA, where the corporations don't have any responsibility to the public.

      That's why the World bank is part of the treaty: Remember when the USA controlled the World Bank and all poor countries had to buy American? Methinks this is the real purpose of this document. The USA has lost its power over the WTO and needs a new wolf in disguise to enforce its imperialism. Excepting drugs, the health and safety laws in the USA are weak. Many multinationals would like to force other countries to lower their standards to US levels. That's the most likely secret in this treaty: Once again, the USA is destroying the sovereignty of other countries, although to be fair, other countries once again, are aiding their own destruction.

    73. Re:Laws that need to be made in secret by anagama · · Score: 1

      That's a lot to assume based on nothing and in fact contrary to plain language of the document.

      But that's really a side issue. No law should be passed in secret, or the text sequestered in a special room where only a representative or senator can read it and can't take notes or copies or get expert guidance on unfamiliar topics -- the congresspeople can't even discuss what they remember reading.

      http://www.politico.com/story/...

      The ONLY reason this is being done in secret, is because the special corporate interests it is designed to further know people would bitch about it if it was public. That's anti-democratic and the entire process surrounding this bill should be enough of a basis, on its own, to reject it out of hand.

      --
      What changed under Obama? Nothing Good
    74. Re:Laws that need to be made in secret by Aighearach · · Score: 1

      How can any law even be a law if it's made in secret?

      By being published and enforced after it is made, of course!

      Isn't that a bit obvious though? Rarely is a law enforced before being made a law.

      Or, to use a technology metaphor, it is like a DVD made before DeCSS. The encryption key was secret when it was made. Later, it was published, and no longer secret.

      Don't worry that because it was written in secret that you won't know what new rules you have to follow. They don't want it to remain secret; they just want it to be secret when everybody agrees to it. Just like, they didn't want a DVD's contents to remain secret forever; just until you bought a licensed player.

    75. Re:Laws that need to be made in secret by Aighearach · · Score: 1

      Even if we had those assurances, the cited diplomatic concerns are not obviously connected to drafting higher quality agreements. It seems a basic premise of their need has to be that instead of agreeing rules based on portable and balanced principles, all the parties are trying to trick each other into an agreement that benefits themselves but looks like it benefits the other guy.

      I understand the reasons they want that, and why it is normal in "diplomacy" broadly. I just don't see where it is something that people want, or that is believed to lead to good governance and trade rules that create or maintain a level playing field. It seems that if the battle is over the details of what a level playing field looks like, that would benefit from transparency.

    76. Re:Laws that need to be made in secret by Aighearach · · Score: 1

      It has to be entered into the record before the vote, sure. But that doesn't mean that anybody has to be given access, or that it has to be introduced with enough time for anybody to know what is being voted on. Major legislation often ends up that way, with some parts written shortly before the vote.

    77. Re: Laws that need to be made in secret by Anonymous Coward · · Score: 0

      This is not true in the case of TPP. Provisions already leaked require it to remain classified for four years after it is made law.

      Next time you consider entering a mortgage agreement- just let your bank write the terms in secret, then sign the docs for you. In 4 years they'll send you a copy of what you agreed to. Why not trust them? They have your best interests at heart.

    78. Re:Laws that need to be made in secret by Darinbob · · Score: 2

      Then the responsible thing to do is to vote no if a legislator has not had time to review and evaluate a bill.

    79. Re:Laws that need to be made in secret by Aighearach · · Score: 1

      Yet another of the thousands of reasons that Congress has a lower approval rating than Satan.

      I wouldn't take the implied irresponsibility of the behavior as any sort of sign it won't happen, or isn't happening.

    80. Re:Laws that need to be made in secret by king+neckbeard · · Score: 1

      You must be a horrible poker player. Free trade is an enormous economic boon, especially if coupled with free speech. Governments use this power play bullshit, but people generally don't care about it unless tricked. If we broadcast to the world that China would rather have their own people starve and die because the US wants to trade openly with Taiwan as well, it's easy to make the Chinese government look like petulant children. The reason we don't do that is because we do the same shit, and thus could be subjected to at least some degree of countermeasures. But, if instead of being a power struggle that holds trade, sovereignty, and liberty hostage, a trade agreement was about free, open, and fair trading across borders.

      The change that would have to happen for the real world is that we would have to drop OUR bullshit as well and actually act something like a democracy.

      --
      This is my signature. There are many like it, but this one is mine.
    81. Re:Laws that need to be made in secret by Sarten-X · · Score: 1

      The reason we don't want to make another nation look like a petulant child is that it wouldn't help us at all. We want to trade with them. We get an economic boon from the trade as well, but insulting/embarrassing other nations will either accomplish nothing or, as you've noted, give them an opportunity to do the same to us. The only way we come out ahead is if we play the game so everyone wins.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    82. Re:Laws that need to be made in secret by king+neckbeard · · Score: 1

      I repeat my claim that you must be bad at poker. China wants to trade, and the need to trade is more important to them than their stupid pissing contests. They will back down, and if they don't, they will stagnate and likely be overthrown by someone who will. They can't do the same to us if we don't act petulant ourselves. I'm saying that we should play the game so everyone wins, and that means calling bullies out for being bullies, as well as not being bullies ourselves. In the scenario you mentioned, China was being a bully, and everyone can't win when you leave bullies in charge.

      tl;dr Cure the world of cockroaches by shining a flashlight.

      --
      This is my signature. There are many like it, but this one is mine.
    83. Re: Laws that need to be made in secret by Anonymous Coward · · Score: 0

      Yes, it's terrible, but this:

      The TPP is treason plain and simple.

      That's just as ridiculous. Don't fall into outrageous hyperbole to make a point.

    84. Re:Laws that need to be made in secret by minstrelmike · · Score: 1

      are bad laws. Period. I am hard pressed to think of an exception.

      Laws need to be public, but negotiations must _always_ be private or else they aren't negotiations. If you know my bottom line, I've got no wiggle room which means I have zero ability to negotiate.

    85. Re:Laws that need to be made in secret by dywolf · · Score: 1

      Oh, has it already been ratified by the Senate then?
      I was under the impression it was still being negotiated.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    86. Re:Laws that need to be made in secret by Pseudonym · · Score: 1

      The TPP, like almost all such treaties, is not a trade agreement. It's an investment agreement. Understand that, and it makes a lot more sense.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  2. Isreal by __aabppq7737 · · Score: 0

    (and foreign governments regularly try to hack their way in to American trade deliberations).

    So do america's supported allies

    1. Re:Isreal by gtall · · Score: 1

      We have allies? Where? Name one who isn't a disarmed weenie.

    2. Re:Isreal by Anonymous Coward · · Score: 0

      Israel, for better or worse.

    3. Re:Isreal by Anonymous Coward · · Score: 1

      Do they count as wienies with the tips snipped off?

      Sorry, it was too easy!

    4. Re:Isreal by Anonymous Coward · · Score: 0

      Do they even really count as an ally after we've so thoroughly snubbed them on what they consider one of their #1 national security issues (nuclear Iran)? I don't know if we qualify as something more than "vaguely co-aligned friendlyish nations" anymore.

    5. Re:Isreal by Anonymous Coward · · Score: 0

      Transcript: Netanyahu Speech to Congress

      Israeli Prime Minister Benjamin Netanyahu spoke to Congress Tuesday [3 March 2015] about the emerging nuclear deal with Iran.

      Here is the full transcript:

      NETANYAHU: Thank you. (APPLAUSE)

      Thank you

      (APPLAUSE)

      Speaker of the House John Boehner, President Pro Tem Senator Orrin Hatch, Senator Minority — Majority Leader Mitch McConnell, House Minority Leader Nancy Pelosi, and House Majority Leader Kevin McCarthy.

      I also want to acknowledge Senator, Democratic Leader Harry Reid. Harry, it’s good to see you back on your feet.

      (APPLAUSE)

      I guess it’s true what they say, you can’t keep a good man down.

      (LAUGHTER)

      My friends, I’m deeply humbled by the opportunity to speak for a third time before the most important legislative body in the world, the U.S. Congress.(APPLAUSE)

      NETANYAHU: I want to thank you all for being here today. I know that my speech has been the subject of much controversy. I deeply regret that some perceive my being here as political. That was never my intention.

      I want to thank you, Democrats and Republicans, for your common support for Israel, year after year, decade after decade.

      (APPLAUSE)

      I know that no matter on which side of the aisle you sit, you stand with Israel.

      (APPLAUSE)

      The remarkable alliance between Israel and the United States has always been above politics. It must always remain above politics.

      (APPLAUSE)

      Because America and Israel, we share a common destiny, the destiny of promised lands that cherish freedom and offer hope. Israel is grateful for the support of American — of America’s people and of America’s presidents, from Harry Truman to Barack Obama.(APPLAUSE)

      NETANYAHU: We appreciate all that President Obama has done for Israel.

      Now, some of that is widely known.

      (APPLAUSE)

      Some of that is widely known, like strengthening security cooperation and intelligence sharing, opposing anti-Israel resolutions at the U.N.

      Some of what the president has done for Israel is less well- known.

      I called him in 2010 when we had the Carmel forest fire, and he immediately agreed to respond to my request for urgent aid.

      In 2011, we had our embassy in Cairo under siege, and again, he provided vital assistance at the crucial moment.

      Or his support for more missile interceptors during our operation last summer when we took on Hamas terrorists.

      (APPLAUSE)

      In each of those moments, I called the president, and he was there.

      And some of what the president has done for Israel might never be known, because it touches on some of the most sensitive and strategic issues that arise between an American president and an Israeli prime minister.

      But I know it, and I will always be grateful to President Obama for that support.(APPLAUSE)

      NETANYAHU: And Israel is grateful to you, the American Congress, for your support, for supporting us in so many ways, especially in generous military assistance and missile defense, including Iron Dome.

      (APPLAUSE)

      Last summer, millions of Israelis were protected from thousands of Hamas rockets because this capital dome helped build our Iron Dome.

      (APPLAUSE)

      Thank you, America. Thank you for everything you’ve done for Israel.

      My friends, I’ve come here today because, as prime minister of Israel, I feel a profound obligation to speak to you about an issue that could well threaten the survival of my country and the future of my people: Iran’s quest for nuclear weapons.

      We’re an ancient people. In our nearly 4,000 years of history, many have tried repeatedly to destroy the Jewish people. Tomorrow night, on the Jewish holiday of Purim, we’ll read the Book of Esther. We’ll read of a powerful Persian viceroy named Haman, who plotted to destroy the Jewish people som

    6. Re:Isreal by kilfarsnar · · Score: 2

      Do they even really count as an ally after we've so thoroughly snubbed them on what they consider one of their #1 national security issues (nuclear Iran)? I don't know if we qualify as something more than "vaguely co-aligned friendlyish nations" anymore.

      The negotiations with Iran are being held in order to get them to not develop a nuclear weapon. I would think Israel would be in favor of such negotiations, if they are so scared of a nuclear-armed Iran. So I don't see how we have snubbed them, unless Israel's actual goal is to get the US to attack Iran for them, and thereby advance their strategic interests.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    7. Re:Isreal by Anonymous Coward · · Score: 0

      kinda hard when america spends more on the military complex than the next 7 countries... everyone is considered a disarmed weenie next to that.. but i guess thats the point.

      Freud would have a field days with the current contest over who has the largest "budget" haha ;)

    8. Re:Isreal by Anonymous Coward · · Score: 0

      Dragging us into every mid-east conflict, even when it is against our own best interests. With allies like that, who needs enemies.

    9. Re:Isreal by Talderas · · Score: 1

      The alleged goal of those negotiations was to keep Iran from getting a nuclear bomb. It is a valid question as to whether the terms achieved will accomplish that goal. If Israel does not believe the agreement, the terms which they are aware of, will achieve that go then naturally I would expect them to oppose the treaty regardless of being an ally of the United States.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
  3. Bloomin daft by MrDoh! · · Score: 1

    So this is how the US is doing it, anyone expect the rest of the world to be so secretive?

    --
    Waiting for an amusing sig.
    1. Re:Bloomin daft by Anonymous Coward · · Score: 0

      They do the same shit with TTIP in the EU

    2. Re: Bloomin daft by Anonymous Coward · · Score: 0

      As a loyal citizen of the European Union I trust our legitimate leaders in the European Commission to work for the further unity and prosperity of Europe without being bothered by having their every move scrutinized and criticized by euroskeptics. I understand that only the European Union has spared us from the horrors of war for more than half a century. I am not and will never be a malcontent nor will I ever criticize the EU, its institutions and its leaders or engage in similar acts of sedition.

  4. Monitored by whom? by Nidi62 · · Score: 1

    So, does the leopard just sit there and watch them read it then? Seems like kind of a waste of a good leopard.

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    1. Re:Monitored by whom? by The+Rizz · · Score: 1

      I seriously wonder to what level this "you can't talk about it" goes. What would actually happen to a Congresscritter if they, say, brought in a secret camera and posted everything they saw onto their website? Would they sic the leopard on them?

    2. Re:Monitored by whom? by hjf · · Score: 1

      don't congresspeople in the US have parliamentary immunity?

    3. Re:Monitored by whom? by Anonymous Coward · · Score: 0

      Or even if the Congresscritter has a photographic memory and, having read the document in secret, dictates its contents to his/her aides or even leaks it to a site such as wikileaks.

    4. Re:Monitored by whom? by Anonymous Coward · · Score: 1

      Exactly. That why I always use monitor lizards, it's what they do.

  5. What? Lawmakers Not Marching Lockstep??? by l0ungeb0y · · Score: 1

    Give these Lawmakers more money! Fund Elections of new Lawmakers to replace all those who will not do our bidding! Fly my Lobbyists, fly!

    1. Re:What? Lawmakers Not Marching Lockstep??? by Opportunist · · Score: 1

      Someone hand me my shotgun. It's been a while since a good skeet shooting.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. Same on the atlantic side. by Anonymous Coward · · Score: 0

    Same with TTIP. I'll oppose it nail and tooth unless it is made public *before* people get a chance to deliberate on it (and this has to occur *before* parliaments decide on it).

    Otherwise we might well ditch all our democracies and states of right and re-instate absolute monarchies.

    How those corrupt politicians can play this game with a straight face is beyond my imagination.

    1. Re:Same on the atlantic side. by TheReaperD · · Score: 1

      How those corrupt politicians can play this game with a straight face is beyond my imagination.

      Because billionaires and corporations continue to fund their campaigns and people continue to vote for them on that basis.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    2. Re:Same on the atlantic side. by Anonymous Coward · · Score: 5, Insightful

      People are not really to blame...To a certain extent...

      Basically you are presented with 2 (billionaire/corporation) backed choices (in the US, 4 or 5 in other western democracies) and asked to chose. So no matter what choice you make, you lose.

      What exactly are people supposed to do?

      Also most average people is so preoccupied with their job and family that they do not have the time to dig too deep to see what is going on with politics. This is by design. And there are a lot of smart people out there that are aware of what is going on however they are scared of losing what few crumbs the elites have allowed them to have (remember a man with nothing to lose is a threat).

      And if I recall correctly, they tried to pass previous versions of these treaties and where defeated due to their unpopularity when the details where leaked. Hence why all the secrecy and security this time around.

    3. Re:Same on the atlantic side. by fustakrakich · · Score: 1

      Are you saying there is no way out? This is our eternal destiny? That could only mean we are not truly conscious, that we do everything by raw instinct, run with the herd, evolution will determine our path. Eh, not entirely implausible I guess...

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:Same on the atlantic side. by Anonymous Coward · · Score: 0

      Kinda.....

      It has been defeated in the past, more than once, and it keeps coming back again and again....Even if it is defeated again, it will come back again in a couple of years, with a different name....and they know people eventually get tired and turn their attention elsewhere.

      The issue is when you centralize power of any kind (be it legislative or anything else), it is easier to corrupt with $$$$. And if I am not mistaken, the top 0.1%ers + corporations assets combined > the rest of us. So they can afford to pay people for 50 years+ to keep trying to pass their agenda.

      As much as society wants us to believe, it is not a leveled playing field. The strong do dominate the weak (in this case wealth=strength), it has always been like this since the start of civilization. Every revolution since then has accomplished nothing other than just change 1 group being the ruling class to another. And until we, as a species change what we value and our priorities (and I am not sure that we can, the need to dominate is pretty primordial) this will never change.

    5. Re:Same on the atlantic side. by Opportunist · · Score: 1

      There is a way out. But we are not there yet. Not by a long shot. It's still gotta get much darker before the dawn.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re:Same on the atlantic side. by DMJC · · Score: 2

      The answer is to reform your electoral system duh. Make reform the entire purpose of your political actions and keep throwing out candidates until you get an electoral reformist into office.

    7. Re:Same on the atlantic side. by Anonymous Coward · · Score: 0

      er?

      being able to lie and misdirect with a straight face is pretty much the absolute minimum requirement for being a successful politician

      so ofc, they can play this game with a straight face, that's the one thing politicians are universally good at

  7. Not my problem by king+neckbeard · · Score: 5, Insightful

    That it would be difficult to negotiate such an expansive treaty openly, then perhaps we shouldn't negotiate such an expansive treaty. Either limit the scope or the number of countries to where the process can actually be democratic.

    --
    This is my signature. There are many like it, but this one is mine.
    1. Re:Not my problem by fustakrakich · · Score: 1

      These treaties are anti-democratic by design. They are neo-liberal, trickle down, supply-side(voodoo) economics on a global scale. There is no way to negotiate this stuff publicly and get it signed off. But with current reelection rates, there should be little doubt the deal will pass. At least people are finally talking about it, if it turns into action in next year's elections and we are rid of republicans and democrats, great! Otherwise, all the chatter is just clogging the tubes.

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:Not my problem by hey! · · Score: 5, Interesting

      The issue isn't secrecy OR expansiveness, or even both. The problem comes when you add fast track to those two.

      Fast track is intended to strengthen the US negotiator's hand in trade deals. Here's how it works. By granting the President "fast track", Congress agrees to vote on the treaty exactly as negotiated by the President within sixty days, only forty-five of which the bill is in the hands of the relevant committee.

      Fast track developed in the Cold War era. The idea was for situations like this. Suppose we we are discreetly negotiating with the Kingdom of Wakanda for access to their vibranium reserves. But we're worried about the Soviets getting wind of this, so we keep everything on the DL and rush like hell to get the deal through Congress before they can stick their oar in and queer the deal.

      And for a relatively simple quid-pro quo type deal negotiated on the side in a bi-lateral world where you're with the commies or not, this procedure makes sense. But not for a massive, complex, multi-lateral accord that will govern the economic relations between twelve nations, and which took ten years to draft. How the hell is Congress supposed to examine something like that in forty-five days?

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    3. Re:Not my problem by Anonymous Coward · · Score: 0

      When you've spent five years haggling with a dozen interested parties about every dot and comma in your text, do you really want Congress insisting you amend the text, so that you then have to go back to those parties and start all over?

      And in five years' time, precisely the same thing will happen again with a new congress?

      That's the reason for fast-tracking. Once the text is agreed, allowing Congress to amend it would basically guarantee that it never gets passed at all. It has to be a take-it-or-leave-it package deal, where the only vote Congress gets is a straight yes or no.

    4. Re:Not my problem by king+neckbeard · · Score: 1

      Then, as I said, perhaps we shouldn't have such an expansive treaty. That way, it doesn't take five years to renegotiate the treaty.

      --
      This is my signature. There are many like it, but this one is mine.
  8. secrets are bad by Anonymous Coward · · Score: 1

    Just publish what you have right now under title: it may change signicantly...

    As citizen of EU, i see it strange that something that's supposed to be good at us, is so secret we cant get information how its supposedly going to benefit us...

    Witch lead me to asume that all benefits are just big BS. And only one benefiting these trade agreements are big multinational corporations. With n itself is reason enough to reject any trade agreement. Companies can be above countries. Ever..

  9. too many secrets by Anonymous Coward · · Score: 0

    too many secrets.
    like someone who makes deals in their head with you and don't tell you....
    like ... like... lying without saying a word...
    it's gonna bite someones ass... wonder whose...

  10. You can't record changes in the treay by Antique+Geekmeister · · Score: 2

    If the version presented to the Congress member has substantial changes written in, just for that Congressman, or if the treaty is modified without notification, then what the Congressman thought they were agreeing to will not match what the treaty. That is _begging_ for abuse, much like a recent project I saw where the code compiled by the developer bore only a passing resemblance to what was in the source control and which had been planned for release.

    1. Re:You can't record changes in the treay by king+neckbeard · · Score: 2

      Actually, it's a good way to DEMONSTRATE abuse that has taken place. If we had a changelog of treaties, we could point to the party that fucked it up.

      --
      This is my signature. There are many like it, but this one is mine.
  11. What has been leaked is not encouraging either by 140Mandak262Jamuna · · Score: 4, Informative

    Apparently the businesses have added clauses that would let them project future revenues and base claims on that. It is not merely, "We sell x number of widgets a year and this regulation stops this, so we lose x times profit per unit". They can claim, "Without this regulation we would have sold y number of widgets at z USD profits per unit, so our loss is y * z ".

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:What has been leaked is not encouraging either by Anonymous Coward · · Score: 1

      So if this had been in place in the early 20th Century, would we still be riding in horse drawn carts because the buggy whip makers and blacksmiths claimed that these new-fangled automobiles would cause them to lose revenue?

    2. Re:What has been leaked is not encouraging either by IamTheRealMike · · Score: 0

      Yes. It has to be this way. Otherwise investor-state dispute settlement is meaningless.

      ISDS gets a bad rap. Let's review why it's there. In the best case, governments are elected by local citizens. In the worst case they're just totalitarian dictatorships who stick around until they get overthrown in a revolution. In both cases, governments still care more about their local people than foreigners, who typically have no power at all.

      In a world that gets ever more connected and in which peopl rely on "foreigners" ever more, this can cause big problems. Governments are strongly incentivised to be nice to foreigners until they're invested deeply enough in a country that they can't easily get out, and then start whacking them / exploiting them / taxing the bejeezus out of them / generally changing the rules of the game after it's started and screwing them over. For example, what stops a government just seizing a foreign companies factories and then selling it to a local competitor? Well, nothing. What incentivises them to do that? Money. Power. Lots of things, really. That company will slowly pull out of the country and other companies would be put off from investing in the first place, but that's a slow and largely invisible process that local citizens won't notice. On the other hand beating up foreigners and claiming they're yukky and inferior is always a good way to score political points.

      There's a nice idea floating around that governments and regulators are never unfair and only ever act against companies that deserve it. Only people who have never watched the regulatory process in action would really believe this, but even if you do, consider that many countries are not as saintly as your own. Arbitrary confiscation of assets is a real problem in large parts of the world. There's always some nice sounding excuse, of course - the dirty foreigners weren't up to our exacting local standards, or they were playing the system, or whatever. Sometimes the complaint may be legitimate, but sometimes it's just opportunism.

      Regardless, the end result is the same: less foreign investment, which is another way of saying, less international collaboration on complex projects. We like international collaboration, don't we? Integrated economies are less likely to declare war on each other. We like the advanced technology it enables, like smartphones with components from dozens of countries around the world. We like the wealth it generates.

      So .... ISDS. The idea is simple. Governments are free to change the rules of the game after it's started in any arbitrary or unfair way they like. They can continue to treat foreign companies as disposable assets. But .... they have to pay for it. If a company starts on a 4-year factory construction project with a 10 year payoff horizon, and after two years the local government decides that a new 95% tax should be applied to that precise industry whereas before there was none, then this is confiscation of assets and under the treaty, the state has to compensate the investor. This should (in theory) radically reduce the risk of foreign investment by smoothing out unpredictable business environments, and thus lead to more investment/collaboration.

      If ISDS didn't at least try to include potential future earnings then it'd be much less effective, because the risk would still be very large. If the factory was nationalised and the business was relying on it as part of its business plan, then it'd potentially get a chunk of money for the physical assets but now it's got to start all over again and is four years behind its competitors, potentially fatally wounding it.

      ISDS has plenty of downsides as well. Notably, that local citizens rather like being able to tax and seize stuff from foreigners - it looks a lot like free money which is a short term pleasure hit, whereas the long term rot of becoming an unattractive place to do business is much harder to reason about. So ISDS is always a rather hard sell in democracies, for similar reasons as political fixes to climate change are ...

    3. Re:What has been leaked is not encouraging either by Opportunist · · Score: 2

      Basically what this means is that corporations can hold governments hostage. "Pass this law or we claim we lose a billion bucks. Oh, and if you want to challenge it, we have of course also established an international arbitration court, which is also the ONLY place where you may challenge it. Yes, we staffed that, why do you ask?"

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:What has been leaked is not encouraging either by 140Mandak262Jamuna · · Score: 2

      Why the hell the government should not change the rule arbitrarily? By the same argument, if the government changes the income tax to 95% from next year, I have no recourse other than paying it. Why should the corporation be exempt? Changing any law at any time is the right of the government. If it adversely affects you, tough luck. Take your marbles and go home.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    5. Re:What has been leaked is not encouraging either by IamTheRealMike · · Score: 1

      By the same argument, if the government changes the income tax to 95% from next year, I have no recourse other than paying it

      Actually, no, you could leave. And people do leave, look at France's 75% top rate. So can businesses. When a business leaves it tends to have more impact than when a single person does though.

      Changing any law at any time is the right of the government. If it adversely affects you, tough luck

      Yes, it is, you are correct. But not doing so is a big part of the difference between, say, Europe and Africa. In one place businesses and people can make long term plans. In other parts of the world, not so much. How you dish out the "tough luck" is a big part of how you make a successful country.

      So sure - go ahead and hate on ISDS and anything that levels the playing field a bit between governments and businesses. Just don't cry when your economy is left behind.

    6. Re:What has been leaked is not encouraging either by 140Mandak262Jamuna · · Score: 1
      You are so out of date. We are drowning in excess capital. There are more than 2 trillion dollars of cash sloshing around the capital markets, looking for something to invest, anything to invest in. This is the time to play tough with the businesses who have been coddled for too long by people like you. These are our rules to play in our market. Don't like it? Fine, get out of my country.

      The only place left are African tinpot dictatorships. Where else can they go? All we have to be is to be a *little* bit more supportive than them. We don't have to compromise labor safety or environmental regulation, nor do we have to pay them an arm and a leg. It is all comparative. Are we more supportive than countries with similar market size and infrastructure? That is enough, anything more is wasted.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  12. It's not secret to large corporations by Anonymous Coward · · Score: 1

    In fact, I'm sure those organizations have had a strong influence in writing the treaty.

    So, it's only secret to those of us who will suffer the consequences (or, to be fair, reap the benefits, but color me skeptical on the latter).

  13. Good. Let the motherfucking thing die. by Jack+Zombie · · Score: 2

    Secrecy in these matters goes against the basic principles of democracy, democracy which nowadays feels like but a vague memory of more reasonable times.

    --
    "You should never doubt what nobody is sure about." -- Willy Wonka
    1. Re:Good. Let the motherfucking thing die. by Jack+Zombie · · Score: 1

      Things were never good, but they were better.

      --
      "You should never doubt what nobody is sure about." -- Willy Wonka
    2. Re:Good. Let the motherfucking thing die. by fustakrakich · · Score: 1

      ...more reasonable times.

      When was that? I'm still waiting for someone to pin that down. Maybe that's why the 'memories' are so vague.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Good. Let the motherfucking thing die. by Opportunist · · Score: 1

      Last week. Last week politics was a lot more reasonable than today. But look on the bright side, this week politics are more reasonable than they'll be next.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  14. the rigamarole is political, not diplomatic by argStyopa · · Score: 5, Insightful

    The elaborate charade is all about convincing Congress that the negotiation is so complex that the president NEEDS fast-track authority to get this whole deal done.

    Trade agreements aren't "secret" - they're generally pretty public things, as the trade-limiting quotas or punitive/protectionist tariffs are IMMEDIATELY published for the public record, so that the commercial community can deal with them....meaning that "if Vietnam [wanted to know] what the American bottom-line with Japan was" (to use the OP's example) they only have to wait 30 seconds after the deal is agreed.

    You might think, "well, ok, so there's a competitive negotiating value to keeping your cards close to your chest until the negotiation is finished"...except the question begged here is that the last word in TPP is PARTNERSHIP. *Durable* partnerships are not forged from secretive poly-partner networks of agreements that would be spoiled by the bright light of day; I'm pretty sure we learned that in 1914 when Bismarck's successors failed to keep all those balls in the air quite spectacularly.

    Durable generational trade agreements like GATT 1947 are formed from open discussions of mutual interest, and finding points where both/all sides can agree, or can at least agree to compromise.

    So in short, this whole thing is bullshit. The current administration has already fucked up the ability of the US to leverage its most powerful peacetime strength - its market - to advance serious geopolitical goals around the Pacific Rim.

    --
    -Styopa
    1. Re:the rigamarole is political, not diplomatic by Anonymous Coward · · Score: 0

      I wonder if the motive for a secret setting is that there are some private agenda's being advanced that would not survive without sidestepping a public debate.

      On balance, the secrecy seems to be both counterproductive to the stated goals and dangerous in that it allows side agendas to slip through that should not.

    2. Re:the rigamarole is political, not diplomatic by Trailer+Trash · · Score: 1

      So in short, this whole thing is bullshit. The current administration has already fucked up the ability of the US to leverage its most powerful peacetime strength - its market - to advance serious geopolitical goals around the Pacific Rim.

      You know, I keep telling people that if they had only elected that "hope and change" fellow for President we wouldn't have shit like this to deal with.

    3. Re: the rigamarole is political, not diplomatic by Anonymous Coward · · Score: 0

      On your last point, how do you know? Are you in the negotiating room?

    4. Re:the rigamarole is political, not diplomatic by Zontar_Thing_From_Ve · · Score: 4, Informative

      The elaborate charade is all about convincing Congress that the negotiation is so complex that the president NEEDS fast-track authority to get this whole deal done.

      Well, Bush asked for this kind of authority too, so do note that this not particular to Obama. The real reason the president wants this is to prevent individuals from tagging on bill busting riders where the president would have to veto his the agreement to stop some unacceptable after the negotiation condition from taking place which is exactly what the person wants who tagged the rider onto the bill. I never hear about other countries having this kind of problem. Can you imagine if you agreed to buy a house at a certain price and then you show up for closing and the owner says "Surprise! I never told you this before, but you have to buy me a new BMW to get the house." Nobody would go for that. But doing similar things in legislation is completely OK apparently. If you don't understand why all presidents regardless of party affiliation can't trust Congress to just leave the agreements alone before voting on them, then you don't understand why this is necessary.

    5. Re:the rigamarole is political, not diplomatic by IamTheRealMike · · Score: 5, Informative

      Yep. These things don't seem to be as complex as you'd imagine.

      When the Doha round failed at the WTO, lots of trade negotiators gave up. They thought it was hopeless. Eventually they narrowed the scope dramatically and produced a new deal (the Bali round) on reducing red tape imposed on importers/exporters. It was one of those "negotiators up until early hours of the morning, multi-day cramfest" kind of things. So I figured it'd be some horribly complex document I'd need years of legal training to understand.

      Lol, nope. The agreement is here. The requirements are unbelievably trivial. Some of the things agreed to are, for instance, that import rules should be available on the internet, and if they change whilst a ship is sailing, the rules at the time of departure apply not the time of arrival. Other rules specify that when governments make decisions they should actually be issued in writing, and ports should do customs inspections on perishable goods before non-perishable.

      The mind-numbing obviousness of what was agreed is sad. Reading it is quite depressing as it makes you realise how hopelessly inept and corrupt some countries must be.

      Apparently one of the reasons the Doha round failed was an inability to agree on what units to use when weighing things. I mean seriously, wtf?

      These things don't seem to justify the elaborate theatre that goes into them.

    6. Re:the rigamarole is political, not diplomatic by careysub · · Score: 1

      Durable generational trade agreements like GATT 1947 are formed from open discussions of mutual interest, and finding points where both/all sides can agree, or can at least agree to compromise.

      Indeed, we are seeing the U.S. Crony Corporatist Capitalism reaching its highest level of development. Corporations now write out laws in secret - even from our elected representatives (despite the fact that they strictly vote the corporate lobbyist line anyway). And the clear intent here is that this will be presented as a fast track "deal" - no modification permitted, the corporation writ is final.

      It should be remembered that "fast track" - secret trade deals with no modification allowed - only came into existence in 1974. It is one of the founding cornerstones of the crony capitalist edifice that has been built since 1970 - when worker wages stopped growing with economic growth as had been the historic norm, and a reasonable expectation by the American people.

      --
      Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
  15. Reading the bill? by XxtraLarGe · · Score: 4, Insightful

    Members of Congress can read the bill if they want, but they need to be located in a single room within the basement of the Capitol Visitor Center, and they can't have their staff with them.

    Since when has reading a bill ever been a prerequisite for passing it?

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
    1. Re:Reading the bill? by Anonymous Coward · · Score: 1

      Members of Congress can read the bill if they want, but they need to be located in a single room within the basement of the Capitol Visitor Center, and they can't have their staff with them.

      Since when has reading a bill ever been a prerequisite for passing it?

      FAIL.

      The link might have more propaganda value if Pelosi were shown delivering those words to congress.

      In fact, in context "you" referred to the american people, who have been, and are still, barraged by blatant lies about the content and costs of the ACA. The statement was an indictment of that torrent of bullshit. In other words, it means wait until we pass it, so you'll see that what's being said about it is utter bullshit.

      But no, now it means you can't read the bill before it's passed. Nevermind the context of the statement. Nevermind that it wasn't a statement to congress.

      All of this said, if the TPP were an open debate at this stage, why would anyone think we wouldn't have republican senators drafting "open letters" to the other participants, helpfully "reminding" them that they intend to undermine whatever the outcome of the negotiations are. That, and they certainly wouldn't mine the content for anything that could be used to throw an utter shitstorm when some innocuous provision gets blown way out of proportion and how now we're suddenly ceding all trade authority to some pissant south-asian nation.

      Better this way. Reach a deal. Debate the deal as drafted, and then accept or reject outright with an up or down vote. You can't just amend an international agreement unilaterally as if it were a mere law.

      Morons.

  16. Obama by Anonymous Coward · · Score: 0

    Since everyone including the submitter seems to be spraining their ankles to avoid attaching his name to this ("administration", "government"), let me say it- This is the OBAMA Administration's policy. Barack Obama's policy. The guy so many of us voted for. The Obama that was so much less secretive than the previous guy. Say Obama out loud and stop covering for Obama. Obama. President Barack Obama. George Bush never got such a courtesy.

    1. Re:Obama by Anonymous Coward · · Score: 0

      Does it matter who the president currently is?

  17. Some secrecy is necessary to permit negotiation by sjbe · · Score: 1, Troll

    Laws that need to be made in secret are bad laws. Period. I am hard pressed to think of an exception.

    Then you haven't thought about it very hard. There sometimes are very good reasons for negotiating positions to be secret prior to the final version of a law. The most important one is that what needs to happen isn't always popular. If politicians and negotiators have no room to offer deals because everything is public then it becomes impossible to reach any sort of compromise. That said, you can take the secrecy thing too far. Room to float ideas and propose compromises is one thing. Negotiating deals that are nothing but ghost writing for special interests and lobbies is something else entirely.

    If negotiating positions are always public, politicians frequently have to harden their position to match their political rhetoric or party positions even if that results in a worse deal at the end of the day. Lots of our most important laws like the Civil Rights Act of 1964 were negotiated significantly in secret because, let's face it - racism was hardly disguised back then and in many cases it could be hard for a politician to support something that he knew was right but that many of his constituents opposed. Sometimes what is best isn't popular and a limited amount ability to conduct back channel negotiations is actually far more important than most people realize. Read a biography of LBJ sometime if you want to see a real world example of some of what I'm talking about.

    1. Re:Some secrecy is necessary to permit negotiation by meta-monkey · · Score: 4, Insightful

      Yeah, I'm fine with secret negotiations. I don't see how you could negotiate effectively if every offer and counteroffer were broadcast to the world.

      However, congressional representatives should not be subject to that level of obfuscation. I want my representative to be able to oversee what's going on to make sure the general direction is in my best interests (I know, I know, corps, plebes, money, don't care about you, blah blah blah, I'm talking about the way the system should work, not the way it does).

      And I don't like the rumblings I've been hearing about "fast tracking" TPP. I don't know how true that is, I've only seen it in passing.

      Negotiate in secret, fine. But let my representatives review the process. And once the negotiations are done, publish the full draft of the agreement and allow a lengthy, lengthy time for the public and lawmakers to deliberate over the provisions.

      --
      We don't have a state-run media we have a media-run state.
    2. Re:Some secrecy is necessary to permit negotiation by Anonymous Coward · · Score: 0

      There sometimes are very good reasons for negotiating positions to be secret prior to the final version of a law.

      And that would be fine except that we are talking about America. In America, there are several things that are vastly more important than these relatively insignificant "good reasons" that you mention.

      Civil Rights Act is a good example. An anti-racist law imposed upon a deeply hateful and racist country. The law didn't have the peoples' support. It didn't work, which is why in spite of the law, apparently this black/white nonsense still isn't over. Fifty fucking years later. A good ad campaign can move millions of people in a few short weeks. Yet government pointing guns at peoples' faces, saying "don't be racist," still isn't perceived as a valid intellectual argument against racism, by even the country's very stupidest people, even after fifty years. Force has failed.

      Persuade the people, then pass the law. 1960s-style racism might have been wiped out by 1980 if rights advocates had learned to talk with their mouths instead of their fists. But nooo, violence and secrecy is the answer.

    3. Re:Some secrecy is necessary to permit negotiation by Talderas · · Score: 1

      We essentially have a process for dealing with treaties. The Executive branch, via the State Department, negotiates the treaty. Once the treaty has been concluded and signed by the President, it is then submitted to the Senate for ratification. They either ratify or they do not. If they do not then the treaty is dead in the water.

      That is how things should work. There's no point for Congress to look at working documents of the treaty. At best the State Department could ask Congress for opinions on limitations in order to avoid making concessions that would immediately prevent ratification.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
  18. Re: Some secrecy is necessary to permit negotiatio by TheGavster · · Score: 3, Interesting

    This treaty isn't just secret during negotiation. The administration is requesting fast track powers which would minimize the congressional review of the final product prior to implementation.

    --
    "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
  19. Facts and Substance by Rich0 · · Score: 1

    Treaty proponent: “I have great respect for the critics, many of whom have shown great leadership on progressive causes, and I look forward to a continued dialogue with members of Congress based on facts and substance,” Froman told POLITICO.

    Just, don't talk about any of the facts or substance in public, or in private, or even take them out of the room with you...

  20. Does it matter who the president currently is? by ltorvalds024 · · Score: 1

    No ! United States presidential election actually is not democratic ! The election of the President of the United States is an indirect vote in which citizens cast ballots for a slate of members of the U.S. Electoral College; these electors in turn directly elect the President. So the president is _chosen_ to implement the policies in favour of _gaint_ corporates. So it does not matter who is the president, all of them will doing the _job_ they are chosen for.

  21. ISDS is the real stinger by Dr_Barnowl · · Score: 5, Insightful

    Or Investor-state dispute settlement

    TLDR?

    Corporations get to sue your sovereign nation if they think your laws are impeding their profits, decided by a "court" consisting of three "independent" lawyers.

    So, for example, many EPA regulations would probably be contested very soon after the passing of this treaty.

    This is what they want to hide. The fact that they are preparing to sign governance of the USA (and every other signatory) over to Big Corporate.

    1. Re:ISDS is the real stinger by BiggerIsBetter · · Score: 1

      That right there is the biggest issue, IMO. I wish I had mod points for you.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    2. Re:ISDS is the real stinger by ItsJustAPseudonym · · Score: 1

      Yes, I'm sure Disney, Big Oil, and the RIAA will do quite well from this. I'd mod you up, if I had points.

  22. Secrecy is eroding support?? by Anonymous Coward · · Score: 0

    I'm more scared that there was support for TPP.

  23. If they can't do it publicly by Anonymous Coward · · Score: 0

    ...then it's a BAD deal...

  24. No more. by Anonymous Coward · · Score: 0

    After years, decades of power creep, and constant abuse of power, I will not trust ANYTHING the federal government does, and will not recognize it.

    1. Re:No more. by spacepimp · · Score: 1

      Pretty strong words for a coward. Are you worried about the consequences of what you said? I agree with you that they are no longer for the people.

  25. what happened... by Anonymous Coward · · Score: 0

    What happened to the president that promised us transparency?

  26. National Security? by Comboman · · Score: 1

    Even if you buy the argument that a trade agreement is a national security issue, the level of secrecy is still outrageous. Congressional oversight committees regularly deal with REAL top-secret, national security documents and do not have this level of restrictions.

    --
    Support Right To Repair Legislation.
  27. The problem is.... by Opportunist · · Score: 1

    ...if they were NOT secret and people would know what's in those contracts, the support would certainly not rise.

    The mere idea alone to circumvent the judicial system and instead establish an "arbitration system" that's basically controlled by the international corporations should already be enough to ensure opposition by pretty much anyone.

    Bluntly, any government in favor of this is basically giving up the sovereignty of the country entrusted to them and should be treated as such with the relevant laws. As long as the judges are still in charge.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  28. Congress is so *cute* thinking it has any power... by gestalt_n_pepper · · Score: 1

    This law will somehow be magically passed. Congressmen will be bribed, blackmailed or both to make it happen. The transnational wealthy want it to happen, so it will and their little servants in congress will be brought to heel, one way or another.

    --
    Please do not read this sig. Thank you.
  29. Whatever by Anonymous Coward · · Score: 0

    I'm not sure why anyone should think that this is an issue.

    If the agreements are in secret, then "support" or "lack of support" is irrelevant. It's secret. No one can tell the difference between support and its absence. If someone makes up something totally arbitrary and tells you that that's the official truth, you have no way of knowing if they are right or wrong.

    And it's not like most people bother studying up on laws, regulations, trade agreements and precedents anyways - mostly we just rely on people we trust to tell us what's what (even when they are utterly wrong - and this happens all too often...).

    And it's not like the decisions of judges always make sense to people - mostly people either just avoid such things entirely or try and make nice or they dig in their heels and push for what they believe is right (which can take many years to resolve, when dealing with courts).

    Meanwhile, in the USA, anyone can already sue anyone for any reason (though the courts get annoyed if they feel you are abusing them). So that's not even a new issue (though it might be shorthand for something which is an issue - but since we don't know what we're talking about it's kind of hard to know what that issue would be).

    Seriously, why does anyone think that this even matters?

    I mean, aside from unfair competition (which we have been seeing a lot of, throughout history, in foreign trade and foreign relations), mostly this is going to wind up being a good reason to do absolutely nothing. And frankly, I'm good at that. I'm sure you are also capable of doing absolutely nothing.

    Whatever.

  30. It is political malpractice to create secret laws by Anonymous Coward · · Score: 0

    This is simply a way for big corporations to off-shore my job. Death the the H1-B!!!!!

  31. Treaties and Basic Government 101 by Anonymous Coward · · Score: 0

    For America treaties must be ratified by the Senate 2/3's majority. so for all you yanks out there, stop complaining, you will get a chance to speak your mind based on facts as soon as the treaty is presented for senate vote (which will be the time you administer feedback / flame your 2 senators). For other countries civil disobedience may be the only recourse, u should check yourl local governance laws to figure out what your next step should be. (IHBT good grief)