Don’t Keep the Trans-Pacific Partnership Talks Secret

New Post Public Reply Private Reply Replies (0) Message Board
SaltyMutt
Don’t Keep the Trans-Pacific Partnership Talks Secret

By MARGOT E. KAMINSKI
APRIL 14, 2015

(please note: The underlined words are 'clickable' links when accessed via the link at the bottom of this page)

COLUMBUS, Ohio — WHEN WikiLeaks recently released a chapter of the Trans-Pacific Partnership Agreement ( http://tinyurl.com/o2gakgu ), critics and proponents of the deal resumed wrestling over its complicated contents. But a cover page of the leaked document points to a different problem: It announces that the draft text is classified by the United States government. Even if current negotiations over the trade agreement end with no deal, the draft chapter will still remain classified for four years as national security information. The initial version of an agreement projected by the government to affect millions of Americans will remain a secret until long after meaningful public debate is possible.

National security secrecy may be appropriate to protect us from our enemies; it should not be used to protect our politicians from us. For an administration that paints itself as dedicated to transparency and public input, the insistence on extensive secrecy in trade is disappointing and disingenuous. And the secrecy of trade negotiations does not just hide information from the public. It creates a funnel where powerful interests congregate, absent the checks, balances and necessary hurdles of the democratic process.

Free-trade agreements are not just about imports, tariffs or overseas jobs. Agreements bring complex national regulatory systems together, such as intellectual property law, with implications for free speech, privacy and public health.

The level of secrecy employed by the Office of the United States Trade Representative is not typical of how most international agreements are negotiated. It’s not even how our negotiating partners say they want to operate. Yet it is the way that the Obama administration handles trade deals, from a failed anti-counterfeiting agreement more than two years ago to the TPP today. The trade representative’s office keeps trade documents secret as national security information, claiming that negotiating documents — including work produced by United States officials — are “foreign government information.”

The justification for secrecy in trade is that negotiations are like a poker game: Negotiators don’t want to reveal their hand too soon, or get pressured by concerned domestic constituencies. But the trade representative’s office takes this logic too far. After being forced to turn over documents in a 2002 lawsuit, it began regularly classifying trade documents. Now the office uses classification to invoke the national security exemption to open government law. Yale Law School’s Media Freedom and Information Access Clinic is challenging this behavior in a lawsuit. (I submitted testimony in the case.)

The peculiarity of this secretive approach is becoming more apparent as our foreign negotiating partners push toward transparency in trade. The European Union now voluntarily releases its side of trade negotiations in an effort to be as transparent as possible; New Zealand officials pressed for greater transparency in previous trade negotiations with the United States.

Secrecy has real costs. Because the negotiating process combines a general shield from the public with privileged access for industry advisers, the substance of American free trade agreements does not represent truly national interests. It represents the interests of those members of industry who sit on the office’s Industry Trade Advisory Committees, which have regular access to negotiating information.

One justification for keeping trade negotiations in the executive branch is that it can keep lobbyists at bay. But the current system brings those entities inside, using classification to keep out citizens and competitors. Perhaps in response to these sorts of criticisms in 2014, the Obama administration announced the creation of a new public interest advisory committee. But that committee would be given less direct access than industry groups, and couldn’t discuss some issues with the public.

Secrecy also delegitimizes trade agreements: The process has been internationally criticized as undemocratic. The European Parliament, for example, rejected the Anti-Counterfeiting Trade Agreement in large part over legitimacy concerns. In some of our trading partner countries, citizens have objected to trade agreements by calling them undemocratic. And they rightly fear that the American commitment to these agreements is weak because the United States public might rebel once the texts are released.

Congress is soon likely to consider whether to authorize an up-or-down vote on a trade deal, with what’s known as “fast track” legislation. Free trade now involves dozens of areas with complex subject matter, and the agency responsible for negotiating it often fails to tap key expertise. The discussion over the trade negotiating authority is not a question of which is better: the executive branch or the legislative branch. It’s a question of whose input we’re getting on decisions that reach far beyond trade — into questions on the price of generic drugs or whether websites will have to monitor users online.

As it considers fast track here, Congress must address the secrecy, and the views of the privileged advisers, that shaped the agreement. Otherwise, “fast” will be little more than a euphemism for “avoid the public, and benefit the fortunate few.”

Margot E. Kaminski is an assistant professor of law at Ohio State University and a fellow of the Information Society Project at Yale Law School.

http://www.nytimes.com/2015/04/14/opinion/don...d=56747151
Scroll down for more posts ▼

Top 10 Most Recent News Articles

Orthocell's Remplir™ Hits Record U.S. Sales in October

Updated Category News Views 163

Orthocell's October Surprise with Remplir™ Sales Well, isn't this a breath of fresh air? Orthocell Limited just reported a staggering rise in its U.S. Remplir™ sales for October 2026. We're talking 92 units shifting off the shelves, pulling in a tidy AU$279,000. That's an 84% leap compared to the average monthly sales of 50 units in Q1 FY27. It seems the company's...

Continue Reading
Bahrain's USD 3.89 Billion Investment Surge in 2026

Updated Category News Views 194

Bahrain's Bold Moves to Woo Global Investment Bahrain's never been one to tiptoe around, huh? With a whopping USD 3.89 billion on the line, the Kingdom's flashing its neon sign to investors: "Open for Business!" These Golden License projects aren't just a few shiny new ventures — they're bridging aviation logistics, real estate, and the tech sector. Talk about ambition....

Continue Reading
Aiper’s Black Friday Pool Deals Make a Splash

Updated Category News Views 207

Black Friday: A Pool Owner's Break It’s not every day you stumble upon savings like these—Aiper is throwing some meaty discounts this Black Friday, saving pool owners up to a juicy $550 off robotic cleaners. Imagine that! For anyone with a pool to maintain, these deals might just be the ticket to less grunt work and more time lounging with a cold drink in hand....

Continue Reading
Double Down for Veterans Raises $20 Million Goal

Updated Category News Views 219

Helping Veterans: A Call That Never Fades If there's one thing that never changes, it's the enduring need to support those who have served. Semper Fi & America's Fund has been at the forefront of this mission for over a decade, and their annual Double Down for Veterans Match Campaign is nothing short of a testament to unwavering commitment. Kicking off for the 15th time,...

Continue Reading
SICO Snags $1.6B in New Investor Mandates for 2026

Updated Category News Views 110

SICO Makes Waves with Massive New Business Wins Right out of the gate at the Gateway Gulf 2026 Forum, SICO's announcement of a whopping $1.6 billion in new business mandates had even the seasoned pros raising an eyebrow or two. There's nothing like a sweet billion-dollar figure to kickstart the day, huh? This isn't small change we're talking about; this is a tidal wave of...

Continue Reading
Blokees Joins 'MIKU WITH YOU 2026' Concert in China

Updated Category News Views 138

Blokees Partners with Iconic Virtual Star Hatsune Miku There's a new player cozying up in the world of virtual icons, and it's none other than Blokees. If you haven't heard, Blokees just dipped its toes into the buzzing waters of the Hatsune Miku fandom by becoming an official strategic partner at the 'MIKU WITH YOU 2026' concert in Shanghai. You could call this a step up...

Continue Reading
Investcorp's Strong 2026: A Deep Dive into Key Moves

Updated Category News Views 139

Diving into Investcorp's Robust 2026 Performance If you're clued into the investment scene, you'll know that a $65.2 billion asset base isn't small potatoes. At the Gateway Gulf 2026, Investcorp didn't just present numbers—they laid out a dramatic year of action packed with billion-dollar dreams. While the dust hasn't quite settled yet, the first nine months of the year...

Continue Reading
Ericsson's Drone Tech and Share Buybacks: Impact & Insight

Updated Category News Views 10

Ericsson's Latest Move into Drone Detection Brace yourself, folks! Ericsson is taking things to a whole new altitude, literally. They're bringing drone detection capabilities right to our mobile networks. It's like they're transforming our standard network towers into stealthy drone spotters. Think about a mobile network that not only keeps your calls from dropping but...

Continue Reading
Smart Salary Moves for S Corp Owners: Riggs Unpacks Insights

Updated Category News Views 303

Decoding the S Corp Salary Dance How much salary should the savvy owners of S corporations draw? It ain't a simple task or one-size-fits-all deal, folks. David Riggs spills the beans on HelloNation, sharing insights on this complex tango between drawing wages and raking in shareholder distributions. In the end, it’s about playing by the IRS rules—or risking a penalty...

Continue Reading
Termite Swarmers: Essential Clues and Action Steps

Updated Category News Views 181

Understanding the Intrusive Nature of Termite Swarmers When it comes to creepy crawlies wreaking havoc on your beloved abode, termites are the stealthy troublemakers you need to keep an eye out for. Just because you catch a glimpse of them doesn't mean the damage is obvious or minimal. Spotting the Culprits: Termites vs. Ants Identifying what you're up against is the...

Continue Reading

Top 5 Most Recently Viewed Articles

TC BioPharm Transitions From Nasdaq to OTC Markets for Growth

Updated Category News Views 232

TC BioPharm's Transition to OTC Markets TC BioPharm (Holdings) PLC, known for its innovative work in gamma-delta T cell therapies, has made a significant announcement regarding its market standing. The company, which has been publicly traded on Nasdaq, will be making a shift to the OTC Markets due to recent developments concerning its listing status. The transition...

Continue Reading
Analyzing President Trump's Impactful First 100 Hours in Office

Updated Category News Views 490

Overview of President Trump's First Days in Office Washington, DC, saw an energetic start as President Trump commenced his term. In this review, we highlight the notable actions taken during his initial 100 hours, underscoring his commitment to making significant changes. Executive Orders and Their Implications In the early hours of his presidency, President Trump...

Continue Reading
Interparfums, Inc. Expands Portfolio with Off-White Fragrance

Updated Category News Views 153

Interparfums, Inc. Expands Portfolio with Off-White Fragrance Interparfums, Inc. (NASDAQ: IPAR) is making waves in the fragrance industry with its recent acquisition of the Off-White brand names and trademarks for fragrance and cosmetic products. This strategic move comes through its majority-owned subsidiary, Interparfums SA, which is positioned to start leveraging these...

Continue Reading
Gain Therapeutics CEO to Highlight Innovations at Key Events

Updated Category News Views 46

Gain Therapeutics, Inc. (Nasdaq: GANX) hit the scene as a fresh player in the biotech world, but traders were skeptical. Back in 2024, they got buzzed for their potential to shake up treatments with their allosteric small molecule therapies, focusing on Parkinson's disease among other targets. And you know how it goes in this game; expectations can skyrocket or tank real...

Continue Reading
Aardvark Therapeutics Faces Securities Fraud Lawsuit

Updated Category News Views 36

Investors Gear Up for Legal Battle There's nothing quite like the sound of a gavel about to drop when a company gets tangled up in a securities fraud lawsuit. This time, Aardvark Therapeutics, Inc. is in the hot seat. Shareholders are ruffling their feathers, and they're ready to take the company to court over claims of misleading information. You know the drill: someone...

Continue Reading