The Movement Against the TPP
The Electronic Frontier Foundation’s (EFF) Jeremy Malcolm joins us to discuss the movement against the Trans Pacific Partnership trade agreement.
Today marks the last of four days of protest in Washington against the TPP endorsed by the EFF and Alliance for Democracy, Alliance for Global Justice, CODEPINK, Expose the TPP – USA, Fight for the Future, Open Media, Public Citizen’s Global Trade Watch and other groups.
We covered the pro-TPP arguments in CLBR #190 with Tami Overby from the U.S. Chamber of Commerce.
Jeremy Malcolm joined EFF’s international team in 2014 and works on the international dimensions of issues such as intellectual property, network neutrality, Internet governance, and trade. Prior to that he worked for Consumers International coordinating its global programme Consumers in the Digital Age. Jeremy graduated with degrees in Law (with Honours) and Commerce in 1995 from Murdoch University, and completed his PhD thesis at the same University in 2008 on the topic of Internet governance. Jeremy’s background is as an information technology and intellectual property lawyer and IT consultant. He enjoys acting, writing and coding, and his ambitions include writing an original science fiction novel, learning to juggle and learning Japanese (ideally both at once).
Jeremy is admitted to the bars of the Supreme Court of Western Australia (1995), High Court of Australia (1996) and Appellate Division of New York (2009). He is a former co-coordinator of the Civil Society Internet Governance Caucus, founder of Best Bits, and currently a Steering Committee member of the OECD Civil Society Information Society Advisory Council.
TPP is an expansion of the Trans-Pacific Strategic Economic Partnership Agreement (TPSEP or P4), which was signed by Brunei, Chile, New Zealand, and Singapore in 2005. Beginning in 2008, additional countries joined the discussion for a broader agreement: Australia, Canada, Japan, Malaysia, Mexico, Peru, the United States, and Vietnam.
Public Citizen Links and Analysis
See TPP Backgrounder (Updated) for more detailed information.
(2) Who is on What Side
Supporters of TPP – US Coalition for TPP . Of the major presidential candidates, only Jeb Bush and John Kasich support TPP in its current form.
- Threats to Fair Use: The TPP contains language that could prevent countries from expanding exceptions and limitations to copyright. The Fast Track Bill also contains nothing to promote balance in copyright law. This is despite how much value fair use has added to the U.S. economy and could add for investors in the growing economies of our trading partners.
- Expensive and Harmful Costs of Online Enforcement: U.S. law incentivizes online content providers to take down content over a mere allegation of infringement. The TPP will likely emulate these rules, continuing to make it expensive and onerous for startups and small companies to oversee users’ activities and process each takedown notice.
- Criminalizing Journalism and Whistleblowing: TPP’s trade secrets provisions could make it a crime for people to reveal corporate wrongdoing “through a computer system.” The language is dangerously vague, and enables signatory countries to enact rules that would ban reporting on timely, critical issues affecting the public.
(3) The Role of Tribunals
Independent tribunals will decide disputes over whether national measures violate “fair and equitable treatment” (FET) under the TPP. A Public Citizen examination of investor claims under existing free trade agreements based on Minimum Standard of Treatment (MST) and FET claims found that the tribunals “used enormous discretion to stretch the MST and FET obligations far beyond” existing international law. .
Of the 23 known (published) “wins” by investors under U.S. trade and investment agreements, nearly 75 percent (17) have found MST/FET violations. By contrast, only six have found national treatment violations, three have found expropriation violations, and three have found performance requirement violations. (Some cases found violations of multiple standards.) MST/FET claims also yield by far the highest “success” rate of all possible claims in these cases; tribunals have agreed with investors in 81 percent of the instances that MST/FET violations are alleged among published investor “wins
(4) TPP Videos
See TPP Backgrounder for more videos.
Expose the TPP