[Ip-health] USTR statement on use of NDAs to provide access to ACTA Internet text

Fri Oct 16 18:02:10 2009

Jamie

There is something inherently illegitimate in this kind of secrecy
ostensibly necessary to draft legislation.

Mickey

> http://keionline.org/node/666
>
> Updated: USTR statement on use of NDAs to provide access to ACTA
> Internet text
>
> Updated October 16, 2009, 11:10 am
>
> Yesterday USTR said the use of non disclosure agreements to selected
> persons in the private sector to see ACTA negotiating texts is not a
> "model" for the future. But in the elaboration of USTR's position, there
> was nothing to suggest it will not be model. The key comment was that
> USTR would perhaps require "different balancing between gathering
> diverse and valuable input and maintaining the confidentiality necessary
> for a productive negotiation.=E2=80=9D At the core of this statement is t=
he
> notion that you have to have confidentiality of the text, to have a
> "productive negotiation." This theme has now been echoed by several of
> the persons who have benefited from the recent NDA agreement -- people
> who previously were more supportive of public disclosures of the
> documents.
>
> "One representative of an Internet firm hailed the NDA approach . . .
> The source said that complete public disclosure would only lead to a
> freeze in trade talks and said this is the objective of some of those
> who advocate this position."
>
> It is very clear to KEI that the NDA process has been a major set back
> to civil society efforts to open up the ACTA process.
>
>
> ------------------------------------------------------
> Posted in part, with commentary, as a fair use.
>
> Inside U.S. Trade - 10/16/2009
> Erik Wasson
>
> USTR Denies Non-Disclosure Agreements Are =E2=80=98Model=E2=80=99 For Fut=
ure Deals
>
> The Office of U.S. Trade Representative (USTR) this week denied that it
> will from now on use non-disclosure agreements (NDAs) as a way to get
> feedback on future trade deals from select stakeholders without risking
> a breach of confidentiality.
>
> This is the approach USTR has used with the draft Internet chapter of
> the Anti-counterfeiting Trade Agreement (ACTA), and Jamie Love of
> Knowledge Ecology International (KEI) said this week that he had been
> told by a senior USTR official that was the =E2=80=9Cmodel=E2=80=9D for g=
etting
> feedback
> on future trade deals.
>
> =E2=80=9CNo, this should not be viewed as the model,=E2=80=9D a USTR spok=
esperson said
> this week. =E2=80=9CThe issues for the next round of ACTA negotiations ar=
e
> complex and highly technical. In preparing for these negotiations, we
> solicited the views from people with diverse interest who had the
> technical expertise we needed to prepare for that round.=E2=80=9D
>
> The spokeswoman said that some of these people were not members of the
> formal advisory committees. Those members are subject to confidentiality
> restraints and background checks.
>
> She added that =E2=80=9Cnegotiations of future trade agreements may be
> different, and may require a different balancing between gathering
> diverse and valuable input and maintaining the confidentiality necessary
> for a productive negotiation.=E2=80=9D
>
> Love and others argue that the USTR approach actually undermines
> government transparency by essentially buying off industries and
> advocates with information, thereby weakening any coalition pushing for
> greater public involvement in trade negotiations. =E2=80=9CThis is a bril=
liant
> move by USTR to muddy the waters,=E2=80=9D he said.
>
> One representative of an Internet firm hailed the NDA approach however
> and said it is especially important in the case of the ACTA which as an
> executive agreement will not be submitted for review by Congress.
>
> =E2=80=9CIf this were just a tariff negotiation, you could argue that all=
 sides
> of the question are well represented on the advisory committees
> already,=E2=80=9D the source said. =E2=80=9CIn new and highly technical a=
reas such as
> an
> agreement involving the Internet this makes a great deal of sense.=E2=80=
=9D
>
> The source said that complete public disclosure would only lead to a
> freeze in trade talks and said this is the objective of some of those
> who advocate this position.
>
> [snip]
>
> One source said that USTR should regularly release the names of text
> recipients rather that waiting for an advocacy group to FOIA-request the
> names. Another source said that release of draft trade deals under NDAs
> are no substitute for reform of the ITAC system, which should include
> the creation of an Internet issues ITAC. Sources said that there have
> been past instances where USTR has also used NDAs during free trade
> agreement talks.
>
> [snip]
>
> -------------------------------------------------------
>
>
>
> --
> James Love, Director, Knowledge Ecology International
> http://www.keionline.org | mailto:james.love at keionline.org
> Wk: +1.202.332.2670 | US Mobile +1.202.361.3040 | Geneva Mobile
> +41.76.413.6584
>
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>

--
Mickey Davis
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