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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)."

42 of 169 comments (clear)

  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: 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.

    6. 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.
    7. 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"
    8. 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!
    9. 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.

    10. 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.

    11. 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.

    12. 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
    13. 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.

    14. 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)

    15. 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
    16. 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!!

    17. 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.

    18. 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.
    19. 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.........
    20. 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.
    21. 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.
    22. 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.

    23. 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.

  2. 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 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: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.

  4. 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.
  5. 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 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.
    2. 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
  6. 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
  7. 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 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.

    2. 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.

  8. 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.
  9. 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.
  10. 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".
  11. 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)
  12. 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.

  13. 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.