A screenshot from WikiLeaks.org
Stephen: This secret document could be seen in two ways: 1. as something divisive and corrosive; or, 2. as “a forerunner of global oneness thinking”(as sage put it when we were discussing its possible merits, purpose and contents today). I’m putting it in to the light of the latter because even if it isn’t, it’s now in the light anyway – for discussion, evaluation, alteration and/or rejection by us, the people.
I also think it’s important to remember that not everything ‘secret’ is necessarily out of alignment and that sometimes things are leaked intentionally to instigate the ‘right’ change.
From WikiLeaks – November 13, 2013
Stop TPP – Total Peasant Pacification (Photo credit: DonkeyHotey)
On the, 13 November 2013, WikiLeaks released the secret negotiated draft text for the entire TPP (Trans-Pacific Partnership) Intellectual Property Rights Chapter.
The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 per cent of the world’s GDP.The WikiLeaks release of the text comes ahead of the decisive TPP Chief Negotiators summit in Salt Lake City, Utah, on 19-24 November 2013.
The chapter published by WikiLeaks is perhaps the most controversial chapter of the TPP due to its wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents.
Significantly, the released text includes the negotiation positions and disagreements between all 12 prospective member states. Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei.
Since the beginning of the TPP negotiations, the process of drafting and negotiating the treaty’s chapters has been shrouded in an unprecedented level of secrecy. Access to drafts of the TPP chapters is shielded from the general public. Members of the US Congress are only able to view selected portions of treaty-related documents in highly restrictive conditions and under strict supervision. It has been previously revealed that only three individuals in each TPP nation have access to the full text of the agreement, while 600 ’trade advisers’ – lobbyists guarding the interests of large US corporations such as Chevron, Halliburton, Monsanto and Wal-Mart – are granted privileged access to crucial sections of the treaty text.
The TPP negotiations are currently at a critical stage. The Obama administration is preparing to fast-track the TPP treaty in a manner that will prevent the US Congress from discussing or amending any parts of the treaty. Numerous TPP heads of state and senior government figures, including President Obama, have declared their intention to sign and ratify the TPP before the end of 2013.
WikiLeaks’ Editor-in-Chief Julian Assange stated: “The US administration is aggressively pushing the TPP through the US legislative process on the sly.” The advanced draft of the Intellectual Property Rights Chapter, published by WikiLeaks on 13 November 2013, provides the public with the fullest opportunity so far to familiarise themselves with the details and implications of the TPP.
The 95-page, 30,000-word IP Chapter lays out provisions for instituting a far-reaching, transnational legal and enforcement regime, modifying or replacing existing laws in TPP member states. The Chapter’s subsections include agreements relating to patents (who may produce goods or drugs), copyright (who may transmit information), trademarks (who may describe information or goods as authentic) and industrial design.
The longest section of the Chapter – ’Enforcement’ – is devoted to detailing new policing measures, with far-reaching implications for individual rights, civil liberties, publishers, internet service providers and internet privacy, as well as for the creative, intellectual, biological and environmental commons. Particular measures proposed include supranational litigation tribunals to which sovereign national courts are expected to defer, but which have no human rights safeguards. The TPP IP Chapter states that these courts can conduct hearings with secret evidence. The IP Chapter also replicates many of the surveillance and enforcement provisions from the shelved SOPA and ACTA treaties.
The consolidated text obtained by WikiLeaks after the 26-30 August 2013 TPP meeting in Brunei – unlike any other TPP-related documents previously released to the public – contains annotations detailing each country’s positions on the issues under negotiation. Julian Assange emphasises that a “cringingly obsequious” Australia is the nation most likely to support the hardline position of US negotiators against other countries, while states including Vietnam, Chile and Malaysia are more likely to be in opposition. Numerous key Pacific Rim and nearby nations – including Argentina, Ecuador, Colombia, South Korea, Indonesia, the Philippines and, most significantly, Russia and China – have not been involved in the drafting of the treaty.
In the words of WikiLeaks’ Editor-in-Chief Julian Assange, “If instituted, the TPP’s IP regime would trample over individual rights and free expression, as well as ride roughshod over the intellectual and creative commons. If you read, write, publish, think, listen, dance, sing or invent; if you farm or consume food; if you’re ill now or might one day be ill, the TPP has you in its crosshairs.”
Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei.
To read the full TPP documentation and accompanying information, head tohttp://wikileaks.org/tpp/
Here’s how RT.com reported this news release today:
TPP Uncovered: WikiLeaks Releases Draft of Highly-Secretive Multi-National Trade Deal
From RT.om – November 13, 2013
Details of a highly secretive, multi-national trade agreement long in works have been published by WikiLeaks, and critics say there will be major repercussions for much of the modern world if it’s approved in this incarnation.
The anti-secrecy group published on Wednesday a 95-page excerpt taken from a recent draft of the Trans-Pacific Partnership, or TPP, a NAFTA-like agreement that is expected to encompass nations representing more than 40 percent of the world’s gross domestic product when it is finally approved: the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei.
US President Barack Obama and counterparts from 11 other prospective member states have hammered out the free trade agreement in utmost secrecy for years now, the result of which, according to the White House, would rekindle the economies of all of those involved, including many countries considered to still be emerging.
“The TPP will boost our economies, lowering barriers to trade and investment, increasing exports and creating more jobs for our people, which is my number-one priority,” Obama said during a Nov. 2011 address. The deal, he said, “has the potential to be a model not only for the Asia-Pacific but for future trade agreements” by regulating markets and creating opportunities for small and medium-sized businesses in the growing global marketplace.
Upon the publication of an excerpt obtained by WikiLeaks this week, however, opponents of the act are insisting that provisions dealing with creation, invention and innovation could serve a severe blow to everyone, particularly those the internet realm.
Although the TPP covers an array of topics — many of which have not been covered by past agreements, according to Obama — WikiLeaks has published a chapter from a draft dated August 30, 2013 that deals solely on Intellectual Property, or IP, rights. Previous reports about the rumored contents of the TPP with regards to IP law have raised concern among activists before, with the California-based Electronic Frontier Foundation going as far as to warn that earlier leaked draft text suggested the agreement “would have extensive negative ramifications for users’ freedom of speech, right to privacy and due process and hinder peoples’ abilities to innovate,” all of which is being agreed upon without any oversight or observation. Indeed, the thousands of words released by WikiLeaks this week has concreted those fears and has already caused the likes of the EFF and others to sound an alarm.
The IP chapter, wrote WikiLeaks, “provides the public with the fullest opportunity so far to familiarize themselves with the details and implications of the TPP,” an agreement that has largely avoided scrutiny in the mainstream media during its development, no thanks, presumably, to the under-the-table arguments that have led prospective member states to the point they’re at today.
Julian Assange, the Australian founder of the whistleblower site who has been confined to the Ecuadorian Embassy in London for over a year now, had particularly harsh words for the TPP in a statement published alongside the draft release.
“If instituted, the TPP’s IP regime would trample over individual rights and free expression, as well as ride roughshod over the intellectual and creative commons,” Assange said. “If you read, write, publish, think, listen, dance, sing or invent; if you farm or consume food; if you’re ill now or might one day be ill, the TPP has you in its crosshairs.”
Within the IP chapter, the partaking nations in one excerpt agree to “Enhance the role of intellectual property in promoting economic and social development,” but elsewhere suggest that the way such could be accomplished would involve serious policing of the World Wide Web. Later, the countries write they hope to “reduce impediments to trade and investment by promoting deeper economic integration through effective and adequate creation, use, protection and enforcement of intellectual property rights, taking into account the different levels of economic development and capacity as well as differences in national legal systems.”
“Compared to existing multilateral agreements, the TPP IPR chapter proposes the granting of more patents, the creation of intellectual property rights on data, the extension of the terms of protection for patents and copyrights, expansions of right holder privileges and increases in the penalties for infringement,” James Love of Knowledge Ecology International explained after reading the leaked chapter.
“The TPP text shrinks the space for exceptions in all types of intellectual property rights. Negotiated in secret, the proposed text is bad for access to knowledge, bad for access to medicine and profoundly bad for innovation.”
Opponents have argued in the past that stringent new rules under the TPP with regards to copyrighted material would cause the price of medication to go up: potentially catastrophic news for residents of member state who may have difficulties affording prescriptions. Public Citizen, a Washington-based consumer advocacy organization, has warned that US Trade Representatives privy to the TPP discussions have demanded provisions that “would strengthen, lengthen and broaden pharmaceutical monopolies on cancer, heart disease and HIV/AIDS drugs, among others, in the Asia-Pacific region.” Indeed, the leaked chapter suggests drug companies could easily extend and widen patents under the TPP, prohibiting other countries from producing life-saving pills and selling them for less. Outside of the world of medicine, though, the implications that could come with new copyright rules agreed upon my essentially half of the world’s economy are likely to affect everyone.
“One could see the TPP as a Christmas wish-list for major corporations, and the copyright parts of the text support such a view,” Dr. Matthew Rimmer, an expert in intellectual property law, told the Sydney Morning Herald. “Hollywood, the music industry, big IT companies such as Microsoft and the pharmaceutical sector would all be very happy with this.”
WikiLeaks wrote in response that the enforcement measures discussed have “far-reaching implications for individual rights, civil liberties, publishers, internet service providers and internet privacy, as well as for the creative, intellectual, biological and environmental commons.”
“Particular measures proposed include supranational litigation tribunals to which sovereign national courts are expected to defer, but which have no human rights safeguards,” warned WikiLeaks. “The TPP IP Chapter states that these courts can conduct hearings with secret evidence.”
According to the whistleblower site, the IP chapter also includes provisions that rehash some of the very surveillance and enforcement rules from the abandoned SOPA and ACTA treaties that were left to die after public outrage halted any agreement with regards to those legislation.
“The WikiLeaks text also features Hollywood and recording industry inspired proposals – think about the SOPA debacle – to limit internet freedom and access to educational materials, to force internet providers to act as copyright enforcers and to cut off people’s internet access,” Burcu Kilic, an intellectual property lawyer with Public Citizen, explained to the website TorrentFreak.
SOPA, or the Stop Online Privacy Act, was abandoned last year after massive public campaign thwarted the US Congress’ attempt to censor access to certain internet sites were copyrighted content may be incidentally hosted. One of the bill’s biggest opponents, Kim Dotcom of file-sharing sites Megaupload and Mega, was quick to condone WikiLeaks for their release of the TPP draft and condemned those responsible for drafting a bill that he warned would have major consequences for all if approved, including residents of New Zealand such as himself.
“No wonder they kept it secret. What a malicious piece of US corporate lobbying. TPP is about world domination for US corporations. Nothing else. We will stop this madness in New Zealand,” he told RT’s Andrew Blake.
According to WikiLeaks, the Obama administration and senior heads of state from other potential TPP nations have expressed interest in ratifying the agreement before 2014. All of that could now be put in jeopardy.