FacebookTwitterGoogle+RedditEmail

Bringing SOPA to the Trans-Pacific Partnership

by BINOY KAMPMARK

The machinery to dominate global intellectual property by American fiat was further tightened by the announcement of Robert Holleyman’s as deputy US trade representative.  President Obama’s announcement is just another reminder what sources of inspiration are governing the drive by Washington to control the downloading and dissemination of information via the Trans-Pacific Partnership.   After all, Holleyman was a former lobbyist of the Stop Online Piracy Act (SOPA), the bill introduced by US Rep. Lamar S. Smith (R-Tx) to gift US law enforcement authorities with the means to combat copyright infringements.

Indeed, Holleyman’s own blurb as an author for The Huffington Post considers him as “one of the 50 most influential people in the intellectual property world”, an individual who “was instrumental in putting into place the global policy framework that today protects software under copyright law.”  Such is the nature of mislabelled internationalism – Washington’s policy by another name.

Holleyman has also been heavily involved as a former president of the Business Software Alliance, a body representing the main software vendors including Apple, IBM, and Microsoft. Through the consortium, Holleyman unintentionally put the problems of SOPA, and its sister legislation, PROTECT-IP, in the bright spotlight.  He found himself fighting, at least for a time, a losing battle.  Protest against them was extensive, with January 18, 2012 featuring the “largest online protest in history”.[1]  Congress took heed, shelving the bills.  The vendors pondered the next move.

SOPA’s reach would have been global, enabling US law enforcement the means to target websites and individuals outside its jurisdiction. The carceral provisions of the bill were also hefty – five year prison terms for downloading unauthorised content.

It would have also been a rather formidable mechanism to insinuate censorship into the Internet.  The legislation would allow the content provider or the US Justice Department to block sites hosting material supposedly in breach of copyright.  Having such a provision would effectively overburden internet service providers to err on the side of caution and “over-block”[2] material.  If ever you want to enshrine censorship, a fine way of doing so is frightening the hosts into censoring themselves.

The secret negotiations of the TPP have proven to be a feast of select company.  The negotiators themselves, such as Stefan Selig[3], nominee for under-secretary for international trade at the Commerce Department, have a direct line to the Bank of America.  Selig’s accounts have been inflated to the tune of $9.1 million in bonus pay and $5.1 million in incentive pay.  Happy is the bank that can sue for diminished assets and target governments in courts of law.

The clubbable ones are the software demons who have been “cleared” to have briefings, some 700 “stakeholders”.  The “cleared advisors”[4] also represent groups such as the Pharmaceutical Research and Manufacturers of America, the Entertainment Software Association, and the Recording Industry Association of America.

While the premise of having such vendors involved is ostensibly to protect innovation, the converse is true.  The world of innovation does not matter to those who claim they have the ideas and want to protect them at cost. That is a recipe for sloppiness and envy.

The anti-democratic slant in the TPP process has also impressed itself upon observers.  The press, and even members of Congress, have been kept at bay.  Till parts of the treaty were published by WikiLeaks, elected officials could only view the document on visiting the Trade Representative Office.  They would not be able[5] to reproduce or transcribe it.

While SOPA and its twin PIPA were shelved indefinitely, the Obama administration has decided shop in other forums to enforce some of their provisions.  One way of doing so is through the faulty premise of free trade, which is simply another way of making some trade freer than others.  The American firm features prominently in that guise of freedom.

Aspects of the leaked intellectual property chapter of the TPP so far indicate a model with SOPA trimmings.  Provisions, for example, holding ISPs liable for hosting copyright infringement, have been preserved.  The life of certain, corporate-owned copyrights will also be extended.  In other words, this is SOPA by stealth, a process that “could not [be] achieved through an open democratic process.”[6]

The fact that the Obama administration has also sought to sideline Congress in the debate is indicative of that.  As Henry Farrell[7] observed, “The United States appears to be using the non-transparent Trans-Pacific Partnership negotiations as a deliberate end run around Congress on intellectual property, to achieve a presumably unpopular set of policy goals.”  Senate Democrats have been mindful of their shrinking role, and have blocked the president’s attempt to obtain “fast-track authorisation”.

The effect of such authorisation would give the administration scope to limit congressional consultation while using its prerogative powers.  Congress would become, in effect, a chamber of marionettes.  Appointments such as Holleyman’s show little change of heart away from that policy.  The copyright vanguard, along with the dance of secrecy, is digging its heels in.

Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge.  He lectures at RMIT University, Melbourne.  Email: bkampmark@gmail.com

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

Weekend Edition
March 24, 2017
Friday - Sunday
Michael Hudson
Trump is Obama’s Legacy: Will this Break up the Democratic Party?
Eric Draitser
Donald Trump and the Triumph of White Identity Politics
Jeffrey St. Clair
Roaming Charges: Nothing Was Delivered
Andrew Levine
Ryan’s Choice
Joshua Frank
Global Coal in Freefall, Tar Sands Development Drying Up (Bad News for Keystone XL)
Anthony DiMaggio
Ditching the “Deep State”: The Rise of a New Conspiracy Theory in American Politics
Rob Urie
Boris and Natasha Visit Fantasy Island
John Wight
London and the Dreary Ritual of Terrorist Attacks
Paul Buhle
The CIA and the Intellectuals…Again
David Rosen
Why Did Trump Target Transgender Youth?
Vijay Prashad
Inventing Enemies
Ben Debney
Outrage From the Imperial Playbook
Michael J. Sainato
Bernie Sanders’ Economic Advisor Shreds Trumponomics
Bill Willers
Volunteerism; Charisma; the Ivy League Stranglehold: a Very Brief Trilogy
Lawrence Davidson
Moral Failure at the UN
Pete Dolack
World Bank Declares Itself Above the Law
Nicola Perugini - Neve Gordon
Israel’s Human Rights Spies
Patrick Cockburn
From Paris to London: Another City, Another Attack
Ralph Nader
Reason and Justice Address Realities
Ramzy Baroud
‘Decolonizing the Mind’: Using Hollywood Celebrities to Validate Islam
Colin Todhunter
Monsanto in India: The Sacred and the Profane
Louisa Willcox
Grizzlies Under the Endangered Species Act: How Have They Fared?
Norman Pollack
Militarization of American Fascism: Trump the Usurper
Pepe Escobar
North Korea: The Real Serious Options on the Table
Brian Cloughley
“These Things Are Done”: Eavesdropping on Trump
Sheldon Richman
You Can’t Blame Trump’s Military Budget on NATO
Carol Wolman
Trump vs the People: a Psychiatrist’s Analysis
Stanley L. Cohen
The White House . . . Denial and Cover-ups
Farhang Jahanpour
America’s Woes, Europe’s Responsibilities
Joseph Natoli
March Madness Outside the Basketball Court
Bruce Mastron
Slaughtered Arabs Don’t Count
Ayesha Khan
The Headscarf is Not an Islamic Compulsion
Pauline Murphy
Unburied Truth: Exposing the Church’s Iron Chains on Ireland
Ron Jacobs
Music is Love, Music is Politics
Christopher Brauchli
Prisoners as Captive Customers
M. Shadee Malaklou
An Open Letter to Duke University’s Class of 2007, About Your Open Letter to Stephen Miller
Robert Koehler
The Mosque That Disappeared
Franklin Lamb
Update from Madaya
Dan Bacher
Federal Scientists Find Delta Tunnels Plan Will Devastate Salmon
Barbara Nimri Aziz
The Gig Economy: Which Side Are You On?
Kollibri terre Sonnenblume
Marines to Kill Desert Tortoises
Louis Proyect
What Caused the Holodomor?
Max Mastellone
Seeking Left Unity Through a Definition of Progressivism
Charles R. Larson
Review: David Bellos’s “Novel of the Century: the Extraordinary Adventure of Les Misérables”
David Yearsley
Ear of Darkness: the Soundtracks of Steve Bannon’s Films
FacebookTwitterGoogle+RedditEmail