Archive for the ‘Money & Democracy Update’ Category

James Cormie is a legal intern at Global Access to Medicine. He blogs on issues of trade, IP, and international law. He is originally from Edmonton, Alberta.

Dear Fellow Canadians:

Welcome to the Trans-Pacific Partnership (TPP) negotiations! Fresh off a bruising fight getting provisions that protect internet freedom and privacy into Canada’s copyright Bill C-11, I’m sure that you are exhausted with defending your rights. Take heart. With the TPP you will not have much of a say on laws or policies threatening your privacy, rights on the internet and access to affordable medicines. Instead, lobbyists from major American industries and some 600 “corporate trade advisors” have helped lay out some of what the Office of the United States Trade Representative (USTR) expects from you.

These are the same industries that forced major concessions on C-11’s approach to digital locks despite near-universal criticism. Hundreds of pages of new non-trade policy contained in the most sweeping “free trade agreement.”  The USTR proposes intellectual property provisions that cover dramatically more than copyright law. They touch a wide range of IP issues.  And you thought NAFTA was a pill? Sure, Big PhRMA used NAFTA to attack our drug formulary system and all of those compulsory licenses for affordable meds. But back then, our government drew a line.  Despite some considerable hysteria from the U.S. drug industry giants, did not give away all of our policy space. This time, however, TPP gives PM Harper a way to write all of us a real prescription for high drug prices and cement his view of Canada as an extended playground for corporate America.

Here are some of the highlights of the US proposed IP chapter:

• Expand patent evergreening and create new pharmaceutical monopolies, raising medicine costs
• Dramatically increase the life of a copyright term from 50 years in most cases under C-11 to 95 years
• Increase penalties for circumvention and reduce the exceptions for individuals
• Establish an American-style notice-and-take down system for online copyright infringement

This seems like a lot. If you were worried, however, that we had some duty to at least read the proposals for the law and voice our democratic concern—fear not. Negotiators act in secret. The only glimpse of the actual agreement so far has come from leaked copies of the text from the IP, Investment, and other chapters. Remember in the good old days of ACTA when the University of Ottawa filed an access to information request but received a blacked out document with only the title? Expect similar treatment during TPP negotiations. While lobbyists and corporate liaisons are granted electronic access to the agreement, your parliamentary representative might have to walk down to the Department of Foreign Affairs and International Trade to speak personally with The Honourable David Johnston, Minister of International Trade.

Moreover, if you are distressed by the fact that our respectable Department of Trade will have lots of work reviewing all the work done so far once Canada’s negotiators get hold of these secret drafts, you will be relieved to hear that Canada has a lesser role in the negotiations. By coming late to the table, Canada has achieved a 2nd tier position. This status requires Canada to agree to all the settled chapters, which they have not even read, and Canada cannot veto current provisions. Thus, not even lobbyists or the Trade Minister need concern themselves with settled provisions. The TPP negotiations shut individual citizens and even members of parliament and ministers out of the process.

The public response to C-11 proved that civil engagement has made a difference on intellectual property issues in Canada. The people, frustrated, fearful, and bedraggled, woke up to the oppressive measures of industry groups and fought hard. But this is far from the end. In upcoming years, we might still witness the implementation of a multinational corporations’ wish list, which seeks to criminalize copyright infringement, implement ACTA-plus provisions, and restrict Canadians’ access to affordable medicines. Through the TPP, USTR seeks to achieve all these goals and more—without too much of a voice from us. Will we allow American industry to dictate to the Canadian people our rights – or stand up and demand that Canada step down from these negotiations?

Written by Ben Moran, Intern, Democracy Is For People Campaign.

This is an exciting time here at the Democracy Is For People Campaign! Congress is responding to a groundswell of support for an amendment to rein in corporate influence over our democracy.  U.S. Sen. Tom Udall’s (D-N.M.) constitutional amendment to overturn the Citizens United v Federal Election Commission ruling has continued to gain co-sponsors, while several members of the House of Representatives also have introduced amendments.

Today, U.S. Rep. Ted Deutch (D-Fla.) introduced an amendment that would go even further.  Public Citizen President Rob Weissman commented, “We herald the Deutch amendment and applaud the efforts in Congress to seriously address this issue at the crux of challenges to our democracy. Rep. Deutch’s amendment would clarify that constitutional rights are intended for real, live, breathing human beings. It would end corporate spending on elections. And it would give Congress authority to adopt a sensible campaign finance system. It would make America stronger, more democratic and more just.”

Reports from the Grassroots. We are getting closer to the January 21 National Day of Action, and the house parties held last week to plan for it went very well! This past week we have been receiving more and more encouraging reports from house-party hosts. They have been coming up with plans for the January 21 Day of Action to call out corporations for posing as human beings, and being ‘citizen impersonators’ and ‘imposters’ in our democracy. Democracy is for people, and as house-party host Laura from Pennsylvania remarked, “If corporations are people, they should be able to produce a birth certificate and show us their belly buttons.”

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