Public Knowledge Releases Trans-Pacific Partnership AnalysisMay 4, 2016
Today, Public Knowledge (PK) publishes a substantive analysis of the Trans-Pacific Partnership (TPP). While PK does not take a position on whether trade agreements in general are good or bad as a matter of public policy, we do evaluate whether individual trade agreements affect PK’s ability to promote its mission. If an agreement benefits our policy goals we will support it, and if it undermines our mission we will oppose it. It is true, however, that PK has consistently decried the lack of openness and transparency surrounding the negotiation of trade agreements and has recommended significant reforms to the process of deliberating trade policy to give the public a more meaningful voice in evaluating the elements of trade agreements before they are completed.
Our paper reflects the assessment of various staff experts in copyright, patent, internet, telecommunications, spectrum and video policy on how specific portions of the proposed TPP trade agreement would most likely impact PK’s goals of promoting balanced copyright, freedom of expression, open communications platforms and fair telecommunications policies specifically in the United States (U.S.) and on a general level globally. This is not an evaluation of the entire TPP agreement, and we specifically do not address issues beyond copyright, patents, internet, spectrum, video and telecommunications policy.
In our core areas of expertise, some provisions are fully protective of global public interest principles and current U.S. law (e.g., the telecom and spectrum provisions) while others can possibly be reconciled with U.S. law and protections in many other countries (e.g., copyright, patent and video policy) but only with clear governmental commitments to implement them to serve the public interest.
PK’s analysis is both pragmatic and nuanced to reflect political realities. We assess the agreement’s impact on the U.S. context based on our day-to-day immersion in legal and policy fights surrounding these issues and how trade agreement language is likely to influence or steer long term policy opportunities. Regarding impact on other TPP parties, we only offer general observations and reflections on global impacts. We do, however, call attention to developmental challenges TPP may pose abroad.
PK’s assessment also takes into account our experience with what happens when trade agreements are not consummated, leaving civil society and less-powerful countries to fight powerful interests that constantly challenge public interest goals through other policy battles in other venues. Overall, we believe that civil society will need to galvanize broad coalitions to support promotion of strong laws and regulations to protect public interest goals, whether the TPP is agreed to (and requires careful implementation) or not (and requires preserving or promoting strong laws).
We hope this analysis will spur a deeper and more substantive debate about how individual provisions are mostly likely to be interpreted in the legal and policy world, given past experiences conforming treaties to existing law, and given the reasonable likelihood of improving existing law. Rather than continuing to debate the “worst case/best case scenario” for either trade agreements or potential changes in law, we hope this paper contributes to a realistic assessment of the TPP’s impact on ongoing struggles to promote freedom of expression, balanced copyright, an open internet and fair telecom policies.
Image credit: USTR.gov
About Gene Kimmelman
Gene Kimmelman is a Senior Advisor for Public Knowledge. Previously, Gene served as President and CEO of Public Knowledge, Director of the Internet Freedom and Human Rights project at the New America Foundation, and as Chief Counsel for the U.S. Department of Justice’s Antitrust Division. Prior to joining the Department of Justice, Gene served as Vice President for Federal and International Affairs at Consumers Union. Gene has also served as Chief Counsel and Staff Director for the Antitrust Subcommittee of the Senate Judiciary Committee and Legislative Director for the Consumer Federation of America. Gene began his career as a consumer advocate and Staff Attorney for Public Citizen’s Congress Watch. Gene is a graduate of Brown University and holds a J.D. from the University of Virginia where he received the Fortsman Fellowship. He was also a Fulbright Fellow. He presently serves as Fellow on the Thurman Arnold Project at Yale University; Adjunct Law Professor at George Washington University School of Law; Fellow at the Shorenstein Center on Media, Politics and Public Policy of the Harvard Kennedy School; Non-Resident Senior Fellow at The Digital Innovation & Democracy Initiative of The German Marshall Fund; Senior Fellow at the Silicon Flatirons Center for Law, Technology, and Entrepreneurship at the University of Colorado; and on the board of International Media Support.