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 been hammering 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 in which 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, utilization, 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 where 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.