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Well, Sen. Wyden has asked the Obama administration to send ACTA to Senate for ratification, but the Obama administration refuses to do so, and says ACTA, which is a global treaty, can be made and signed just by the president. Something about that argument sounds very wrong to me.



Sen Wyden has been great on these issues. See also http://www.techdirt.com/articles/20120523/11415519051/wyden-... Where the Obama administration would not share the contents of the TTP (Trans-Pacific Partnership) agreement with congress or senate, while representatives of U.S. corporations are being consulted on the agreement.

Crony Capitalism at its worst.


Without commenting on the TPP specifically, I will point out that this is the process that the Constitution sets out for international treaties: the executive branch negotiates them as they see fit, then the agreement is presented to the Congress for ratification.

If TPP makes it that far (no guarantee it will), the Congress will have plenty of opportunity to read and react to it--especially now that Fast Track has expired. Just look at how many times the negotiators had to go back to the table on the South Korea and Colombia free trade agreements to satisfy Congressional objections.


ACTA could be signed in the U.S. without Senate ratification because it doesn't change a single thing in U.S. domestic IP law, so there really isn't anything for the Senate to ratify. Wyden knows this; his request is largely grandstanding.

This is not necessarily true in other countries, which is why their legislators are getting involved.


Technically, you're somewhat wrong about other countries. For instance, in France, even if ACTA had no impact on the legislation, it would still require ratification by a law. Because, the list of treaties that require ratification is so broad in France (Art. 53 of the Constitution), that almost only symbolic agreements are exempted of ratification by the parliament (or referendum). And that's the case in most of European countries.




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