ACTA

Anti-counterfeiting Trade Agreement

Copyright and Secrecy Don’t Make for Good Trade Agreements

Dear USTR, copyright has meaningful non-economic and social value; keep it out of the U.S.-E.U. Free Trade Agreement. If you have to have it, make sure it protects all Americans and not just large content owners. (And make the agreement transparent and inclusive while you’re at it.)


Today we filed comments about the proposed United States-European Union Free Trade Agreement – the Transatlantic Trade and Investment Partnership (TTIP). We told the Office of the United States Trade Representative (USTR) that copyright is an uncomfortable fit for a trade agreement and should be kept out of the TTIP.

If the USTR still wants to include copyright within the TTIP, it should make sure that a copyright chapter in the TTIP will not impede Congress’s ability to change U.S. copyright laws.

We also asked the USTR to break from the past and not negotiate the TTIP in secret.



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Dear USTR, copyright has meaningful non-economic and social value; keep it out of the U.S.-E.U. Free Trade Agreement. If you have to have it, make sure it protects all Americans and not just large content owners. (And make the agreement transparent and inclusive while you’re at it.)


Today we filed comments about the proposed United States-European Union Free Trade Agreement – the Transatlantic Trade and Investment Partnership (TTIP). We told the Office of the United States Trade Representative (USTR) that copyright is an uncomfortable fit for a trade agreement and should be kept out of the TTIP.

If the USTR still wants to include copyright within the TTIP, it should make sure that a copyright chapter in the TTIP will not impede Congress’s ability to change U.S. copyright laws.

We also asked the USTR to break from the past and not negotiate the TTIP in secret.

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Dear USTR, copyright has meaningful non-economic and social value; keep it out of the U.S.-E.U. Free Trade Agreement. If you have to have it, make sure it protects all Americans and not just large content owners. (And make the agreement transparent and inclusive while you’re at it.)


Today we filed comments about the proposed United States-European Union Free Trade Agreement – the Transatlantic Trade and Investment Partnership (TTIP). We told the Office of the United States Trade Representative (USTR) that copyright is an uncomfortable fit for a trade agreement and should be kept out of the TTIP.

If the USTR still wants to include copyright within the TTIP, it should make sure that a copyright chapter in the TTIP will not impede Congress’s ability to change U.S. copyright laws.

We also asked the USTR to break from the past and not negotiate the TTIP in secret.

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Dear USTR, copyright has meaningful non-economic and social value; keep it out of the U.S.-E.U. Free Trade Agreement. If you have to have it, make sure it protects all Americans and not just large content owners. (And make the agreement transparent and inclusive while you’re at it.)


Today we filed comments about the proposed United States-European Union Free Trade Agreement – the Transatlantic Trade and Investment Partnership (TTIP). We told the Office of the United States Trade Representative (USTR) that copyright is an uncomfortable fit for a trade agreement and should be kept out of the TTIP.

If the USTR still wants to include copyright within the TTIP, it should make sure that a copyright chapter in the TTIP will not impede Congress’s ability to change U.S. copyright laws.

We also asked the USTR to break from the past and not negotiate the TTIP in secret.

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Public Knowledge Files PSTN Reply Comments

Today Public Knowledge filed reply comments in the PSTN transition docket at the FCC. The filing urges the Commission to adopt a framework of fundamental principles to guide the transition to an all-IP phone network. PK's comments explain the importance of building a consumer-focused framework.

The following can be attributed to Harold Feld, Senior Vice President of Public Knowledge:

"The Commission must move forward with a principled framework to ensure that its decisions and actions are all part of one coherent plan and remain focused on achieving the most fundamental goals for our communications network. Instead of trying to arbitrate between various companies' shopping lists, the FCC should remember that even though the technology is changing the needs of the American people do not. A framework that serves the interests of consumers is the best way to evaluate proposals for the future of our communications infrastructure."

Reply Comments: PSTN Transition

February 25, 2013

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

Technological Transition of the Nation’s Communications Infrastructure

GN Docket No. 12-353

REPLY COMMENTS OF PUBLIC KNOWLEDGE

EU Parliament Rejects ACTA: Ray of Hope for TPP

Yesterday, we were treated to news of a very positive development from Europe: the European Parliament voted, by a massive majority (478-39), to reject the Anti-Counterfeiting Trade Agreement (ACTA).

This rejection comes after more than five years of negotiations that were plagued by controversy and outcry against ACTA’s secretive process. So what should you make of this rejection and what lessons should future trade negotiators learn from the ACTA experience?

For one, it should be apparent that the negotiating process is just as important as the substance. Shutting out the public and their representatives and giving privileged access to the entertainment and pharmaceutical industries severely undermines the legitimacy of the negotiating exercise.



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Yesterday, we were treated to news of a very positive development from Europe: the European Parliament voted, by a massive majority (478-39), to reject the Anti-Counterfeiting Trade Agreement (ACTA).

This rejection comes after more than five years of negotiations that were plagued by controversy and outcry against ACTA’s secretive process. So what should you make of this rejection and what lessons should future trade negotiators learn from the ACTA experience?

For one, it should be apparent that the negotiating process is just as important as the substance. Shutting out the public and their representatives and giving privileged access to the entertainment and pharmaceutical industries severely undermines the legitimacy of the negotiating exercise.

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Yesterday, we were treated to news of a very positive development from Europe: the European Parliament voted, by a massive majority (478-39), to reject the Anti-Counterfeiting Trade Agreement (ACTA).

This rejection comes after more than five years of negotiations that were plagued by controversy and outcry against ACTA’s secretive process. So what should you make of this rejection and what lessons should future trade negotiators learn from the ACTA experience?

For one, it should be apparent that the negotiating process is just as important as the substance. Shutting out the public and their representatives and giving privileged access to the entertainment and pharmaceutical industries severely undermines the legitimacy of the negotiating exercise.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Yesterday, we were treated to news of a very positive development from Europe: the European Parliament voted, by a massive majority (478-39), to reject the Anti-Counterfeiting Trade Agreement (ACTA).

This rejection comes after more than five years of negotiations that were plagued by controversy and outcry against ACTA’s secretive process. So what should you make of this rejection and what lessons should future trade negotiators learn from the ACTA experience?

For one, it should be apparent that the negotiating process is just as important as the substance. Shutting out the public and their representatives and giving privileged access to the entertainment and pharmaceutical industries severely undermines the legitimacy of the negotiating exercise.

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TPP and a Very Basic Point About Transparency

If you've been following this space, you've likely seen that Public Knowledge was on the ground in Dallas this past weekend, covering the latest round of negotiations on the Trans-Pacific Partnership Agreement, or TPP. Among the various problems with the agreement itself (possible increases to already-draconian copyright penalties internationally, increased emphasis on protecting DRM, a lack of inclusion of well-established limitations and exceptions like library uses and fair use), there's the fact that the agreement itself remains a closely guarded secret. The public is apparently not allowed to see even the opening positions their governments are making in negotiations.


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The public is apparently not allowed to see even the opening positions their governments are making in negotiations. 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[weight] => 30 [view] => files ) [image_attach] => Array ( [label] => Attached images [description] => Image Attach module form. [weight] => 0 ) [itunes] => Array ( [label] => iTunes feed information [description] => iTunes specific information. [weight] => 0 ) [page_title] => Array ( [label] => Page Title [description] => Page Title form. [weight] => -4 ) [path_redirect] => Array ( [label] => URL redirects [description] => Path redirect module listing [weight] => 30 ) [print] => Array ( [label] => Printer, e-mail and PDF versions [description] => Print module form. [weight] => 30 ) [xmlsitemap] => Array ( [label] => XML sitemap [description] => XML sitemap module form [weight] => 30 ) [nodewords] => Array ( [label] => Meta tags [description] => Meta tags fieldset. [weight] => 10 ) ) [#pre_render] => Array ( [0] => content_alter_extra_weights ) [body] => Array ( [#weight] => 0 [#value] => If you've been following this space, you've likely seen that Public Knowledge was on the ground in Dallas this past weekend, covering the latest round of negotiations on the Trans-Pacific Partnership Agreement, or TPP. Among the various problems with the agreement itself (possible increases to already-draconian copyright penalties internationally, increased emphasis on protecting DRM, a lack of inclusion of well-established limitations and exceptions like library uses and fair use), there's the fact that the agreement itself remains a closely guarded secret. The public is apparently not allowed to see even the opening positions their governments are making in negotiations. 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The 2012 Special 301 Report Continues to do the Bidding of the Content Industry

The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:



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The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:

[log] => [revision_timestamp] => 1335839917 [format] => 7 [name] => Rashmi Rangnath [picture] => files/pictures/picture-1558.png [data] => a:7:{s:6:"notify";i:1;s:6:"submit";s:18:"Create new account";s:7:"form_id";s:13:"user_register";s:7:"contact";i:0;s:14:"wysiwyg_status";a:1:{i:7;i:7;}s:14:"picture_delete";i:0;s:14:"picture_upload";s:0:"";} [path] => blog/2012-special-301-report-continues-do-bidding- [print_display] => 1 [print_display_comment] => 0 [print_display_urllist] => 1 [print_mail_display] => 1 [print_mail_display_comment] => 0 [print_mail_display_urllist] => 1 [print_pdf_display] => 1 [print_pdf_display_comment] => 0 [print_pdf_display_urllist] => 1 [last_comment_timestamp] => 1335839917 [last_comment_name] => [comment_count] => 0 [taxonomy] => Array ( [120] => stdClass Object ( [tid] => 120 [vid] => 5 [name] => ACTA [description] => Anti-counterfeiting Trade Agreement [weight] => 0 ) [197] => stdClass Object ( [tid] => 197 [vid] => 5 [name] => Enforcement [description] => [weight] => 0 ) [156] => stdClass Object ( [tid] => 156 [vid] => 5 [name] => International [description] => [weight] => 0 ) [209] => stdClass Object ( [tid] => 209 [vid] => 5 [name] => Special 301 [description] => The “Special 301” process being conducted by the US Trade Representative (USTR) used to shape copyright, trademark, and patent policy abroad. Under this process, the USTR seeks input from US intellectual property owners about whether IP protection is strong enough in other countries. The process has generally been used by big media companies to bolster IP enforcement overseas. This time around, PK and others want to make sure the importance of limitations and exceptions — like fair use — that are beneficial to libraries, to education, to innovation, and to the public interest generally, are a healthy part of the Special 301 discussion. [weight] => 0 ) ) [files] => Array ( ) [iids] => Array ( ) [page_title] => [nodewords] => Array ( [abstract] => Array ( [value] => ) [canonical] => Array ( [value] => ) [copyright] => Array ( [value] => ) [dc.contributor] => Array ( [value] => ) [dc.creator] => Array ( [value] => ) [dc.date] => Array ( [value] => Array ( [month] => 4 [day] => 30 [year] => 2012 ) ) [dc.title] => Array ( [value] => ) [description] => Array ( [value] => ) [keywords] => Array ( [value] => ) [location] => Array ( [latitude] => [longitude] => ) [pics-label] => Array ( [value] => ) [revisit-after] => Array ( [value] => 1 ) [robots] => Array ( [value] => Array ( [noarchive] => 0 [nofollow] => 0 [noindex] => 0 [noodp] => 0 [nosnippet] => 0 [noydir] => 0 ) [use_default] => 0 ) ) [build_mode] => 0 [readmore] => 1 [content] => Array ( [#content_extra_fields] => Array ( [title] => Array ( [label] => Title [description] => Node module form. [weight] => -5 ) [body_field] => Array ( [label] => Body [description] => Node module form. [weight] => 0 [view] => body ) [revision_information] => Array ( [label] => Revision information [description] => Node module form. [weight] => 20 ) [author] => Array ( [label] => Authoring information [description] => Node module form. [weight] => 20 ) [options] => Array ( [label] => Publishing options [description] => Node module form. [weight] => 25 ) [comment_settings] => Array ( [label] => Comment settings [description] => Comment module form. [weight] => 30 ) [menu] => Array ( [label] => Menu settings [description] => Menu module form. [weight] => -2 ) [taxonomy] => Array ( [label] => Taxonomy [description] => Taxonomy module form. [weight] => -3 ) [path] => Array ( [label] => Path settings [description] => Path module form. [weight] => 30 ) [attachments] => Array ( [label] => File attachments [description] => Upload module form. [weight] => 30 [view] => files ) [image_attach] => Array ( [label] => Attached images [description] => Image Attach module form. [weight] => 0 ) [itunes] => Array ( [label] => iTunes feed information [description] => iTunes specific information. [weight] => 0 ) [page_title] => Array ( [label] => Page Title [description] => Page Title form. [weight] => -4 ) [path_redirect] => Array ( [label] => URL redirects [description] => Path redirect module listing [weight] => 30 ) [print] => Array ( [label] => Printer, e-mail and PDF versions [description] => Print module form. [weight] => 30 ) [xmlsitemap] => Array ( [label] => XML sitemap [description] => XML sitemap module form [weight] => 30 ) [nodewords] => Array ( [label] => Meta tags [description] => Meta tags fieldset. [weight] => 10 ) ) [#pre_render] => Array ( [0] => content_alter_extra_weights ) [body] => Array ( [#weight] => 0 [#value] =>

The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:

[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/6803 [attributes] => Array ( [title] => Read the rest of The 2012 Special 301 Report Continues to do the Bidding of the Content Industry. ) ) ) )

TPP Tranparency Problems Keep Getting Worse

The Trans-Pacific Partnership Agreement (TPP) negotiation shuts out public participation and we have written extensively about why that is a problem. The agency leading the negotiation, the Office of the United States Trade Representative (USTR), however, seems completely oblivious to these problems, arguing instead that it has given opportunities to all stakeholders to present their views. The mere opportunity to present our views to the USTR, without more, does not cure problems with TPP’s process. However, it provides us with a minuscule opportunity to influence its outcome.



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The Trans-Pacific Partnership Agreement (TPP) negotiation shuts out public participation and we have written extensively about why that is a problem. The agency leading the negotiation, the Office of the United States Trade Representative (USTR), however, seems completely oblivious to these problems, arguing instead that it has given opportunities to all stakeholders to present their views. The mere opportunity to present our views to the USTR, without more, does not cure problems with TPP’s process. However, it provides us with a minuscule opportunity to influence its outcome. [log] => [revision_timestamp] => 1334082619 [format] => 7 [name] => Rashmi Rangnath [picture] => files/pictures/picture-1558.png [data] => a:7:{s:6:"notify";i:1;s:6:"submit";s:18:"Create new account";s:7:"form_id";s:13:"user_register";s:7:"contact";i:0;s:14:"wysiwyg_status";a:1:{i:7;i:7;}s:14:"picture_delete";i:0;s:14:"picture_upload";s:0:"";} [path] => blog/tpp-tranparency-problems-keep-getting-worse [print_display] => 1 [print_display_comment] => 0 [print_display_urllist] => 1 [print_mail_display] => 1 [print_mail_display_comment] => 0 [print_mail_display_urllist] => 1 [print_pdf_display] => 1 [print_pdf_display_comment] => 0 [print_pdf_display_urllist] => 1 [last_comment_timestamp] => 1334082619 [last_comment_name] => [comment_count] => 0 [taxonomy] => Array ( [120] => stdClass Object ( [tid] => 120 [vid] => 5 [name] => ACTA [description] => Anti-counterfeiting Trade Agreement [weight] => 0 ) [329] => stdClass Object ( [tid] => 329 [vid] => 5 [name] => TPP [description] => [weight] => 0 ) ) [files] => Array ( ) [iids] => Array ( ) [page_title] => [nodewords] => Array ( [abstract] => Array ( [value] => ) [canonical] => Array ( [value] => ) [copyright] => Array ( [value] => ) [dc.contributor] => Array ( [value] => ) [dc.creator] => Array ( [value] => ) [dc.date] => Array ( [value] => Array ( [month] => 4 [day] => 10 [year] => 2012 ) ) [dc.title] => Array ( [value] => ) [description] => Array ( [value] => ) [keywords] => Array ( [value] => ) [location] => Array ( [latitude] => [longitude] => ) [pics-label] => Array ( [value] => ) [revisit-after] => Array ( [value] => 1 ) [robots] => Array ( [value] => Array ( [noarchive] => 0 [nofollow] => 0 [noindex] => 0 [noodp] => 0 [nosnippet] => 0 [noydir] => 0 ) [use_default] => 0 ) ) [build_mode] => 0 [readmore] => 1 [content] => Array ( [#content_extra_fields] => Array ( [title] => Array ( [label] => Title [description] => Node module form. [weight] => -5 ) [body_field] => Array ( [label] => Body [description] => Node module form. [weight] => 0 [view] => body ) [revision_information] => Array ( [label] => Revision information [description] => Node module form. [weight] => 20 ) [author] => Array ( [label] => Authoring information [description] => Node module form. [weight] => 20 ) [options] => Array ( [label] => Publishing options [description] => Node module form. [weight] => 25 ) [comment_settings] => Array ( [label] => Comment settings [description] => Comment module form. [weight] => 30 ) [menu] => Array ( [label] => Menu settings [description] => Menu module form. [weight] => -2 ) [taxonomy] => Array ( [label] => Taxonomy [description] => Taxonomy module form. [weight] => -3 ) [path] => Array ( [label] => Path settings [description] => Path module form. [weight] => 30 ) [attachments] => Array ( [label] => File attachments [description] => Upload module form. [weight] => 30 [view] => files ) [image_attach] => Array ( [label] => Attached images [description] => Image Attach module form. [weight] => 0 ) [itunes] => Array ( [label] => iTunes feed information [description] => iTunes specific information. [weight] => 0 ) [page_title] => Array ( [label] => Page Title [description] => Page Title form. [weight] => -4 ) [path_redirect] => Array ( [label] => URL redirects [description] => Path redirect module listing [weight] => 30 ) [print] => Array ( [label] => Printer, e-mail and PDF versions [description] => Print module form. [weight] => 30 ) [xmlsitemap] => Array ( [label] => XML sitemap [description] => XML sitemap module form [weight] => 30 ) [nodewords] => Array ( [label] => Meta tags [description] => Meta tags fieldset. [weight] => 10 ) ) [#pre_render] => Array ( [0] => content_alter_extra_weights ) [body] => Array ( [#weight] => 0 [#value] =>

The Trans-Pacific Partnership Agreement (TPP) negotiation shuts out public participation and we have written extensively about why that is a problem. The agency leading the negotiation, the Office of the United States Trade Representative (USTR), however, seems completely oblivious to these problems, arguing instead that it has given opportunities to all stakeholders to present their views. The mere opportunity to present our views to the USTR, without more, does not cure problems with TPP’s process. However, it provides us with a minuscule opportunity to influence its outcome. [#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

The Trans-Pacific Partnership Agreement (TPP) negotiation shuts out public participation and we have written extensively about why that is a problem. The agency leading the negotiation, the Office of the United States Trade Representative (USTR), however, seems completely oblivious to these problems, arguing instead that it has given opportunities to all stakeholders to present their views. The mere opportunity to present our views to the USTR, without more, does not cure problems with TPP’s process. However, it provides us with a minuscule opportunity to influence its outcome. [#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/6762 [attributes] => Array ( [title] => Read the rest of TPP Tranparency Problems Keep Getting Worse. ) ) ) )

Tell the White House to Ensure Openness in the TPP's IP Chapter

Dear President Obama, 

The process by which the Trans-Pacific Partnership Agreement (TPP) is being negotiated suffers from a democracy deficit that undermines its legitimacy.

This secretive process is not consistent with your administration's commitment to open government and is particularly problematic when chapters of the trade agreement, like the intellectual property chapter, negatively impact domestic policy.

Options for Public Participation in the TPP

The Transpacific Partnership Agreement (TPP) negotiations are being conducted in extreme secrecy and that is a problem. In this post, I suggest some options that would end the secrecy and allow members of the public or their representatives to participate in the TPP negotiation process.



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The Transpacific Partnership Agreement (TPP) negotiations are being conducted in extreme secrecy and that is a problem. In this post, I suggest some options that would end the secrecy and allow members of the public or their representatives to participate in the TPP negotiation process.

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The Transpacific Partnership Agreement (TPP) negotiations are being conducted in extreme secrecy and that is a problem. In this post, I suggest some options that would end the secrecy and allow members of the public or their representatives to participate in the TPP negotiation process.

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The Transpacific Partnership Agreement (TPP) negotiations are being conducted in extreme secrecy and that is a problem. In this post, I suggest some options that would end the secrecy and allow members of the public or their representatives to participate in the TPP negotiation process.

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USTR Still Missing the Point

Yesterday, I attended the Senate Finance Committee Hearing on the President’s 2012 Trade Agenda. United States Trade Representative Ambassador Ron Kirk was the sole witness and testified on behalf of the Administration. The hearing was an opportunity for UTSR to soothe public concerns and address the recent scrutiny it’s received for the secretive negotiation process surrounding TPP negotiations. Instead the USTR failed to seriously address the lack of public input within negotiations.  



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Yesterday, I attended the Senate Finance Committee Hearing on the President’s 2012 Trade Agenda. United States Trade Representative Ambassador Ron Kirk was the sole witness and testified on behalf of the Administration. The hearing was an opportunity for UTSR to soothe public concerns and address the recent scrutiny it’s received for the secretive negotiation process surrounding TPP negotiations. Instead the USTR failed to seriously address the lack of public input within negotiations.  

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Yesterday, I attended the Senate Finance Committee Hearing on the President’s 2012 Trade Agenda. United States Trade Representative Ambassador Ron Kirk was the sole witness and testified on behalf of the Administration. The hearing was an opportunity for UTSR to soothe public concerns and address the recent scrutiny it’s received for the secretive negotiation process surrounding TPP negotiations. Instead the USTR failed to seriously address the lack of public input within negotiations.  

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Yesterday, I attended the Senate Finance Committee Hearing on the President’s 2012 Trade Agenda. United States Trade Representative Ambassador Ron Kirk was the sole witness and testified on behalf of the Administration. The hearing was an opportunity for UTSR to soothe public concerns and address the recent scrutiny it’s received for the secretive negotiation process surrounding TPP negotiations. Instead the USTR failed to seriously address the lack of public input within negotiations.  

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