Part 2

Global copyright treaty a longtime enigma

For years, ACTA has been cloaked in mystery, with the Bush administration maintaining that such secrecy was required. Obama took this a step further, arguing last spring that a draft of the Anti-Counterfeiting Trade Agreement and related materials are "classified in the interest of national security pursuant to Executive Order 12958." Executive Order 12958, issued in 1995, allows material to be classified only if publication would inflict "damage to the national security and the original classification authority is able to identify or describe the damage."

The letter comes as the secret trade negotiations continue this week in Seoul, South Korea. The U.S. Trade Representative has repeatedly declined to make the draft text of the agreement public and, according to the group of 16, has "actively resisted disclosure of relevant information during the course of litigation under the Freedom of Information Act."

The Administration's secrecy conflicts with President Obama's promise of "a more transparent, collaborative and participatory government," the groups said.

"Much of ACTA's transparency deficit stems from the disconnect between ACTA's apparent aims and its formulation as a trade agreement. In negotiating agreements focusing on traditional trade matters such as tariffs and trade barriers, confidentiality regarding some negotiating positions may be appropriate," the group said. "But ACTA aims to set international legal norms, potentially driving changes to substantive intellectual property legal regimes on an international basis. Attempts to force a multilateral intellectual property agreement through trade processes unsuited for it does a disservice to citizens, public policy, and the USTR alike," the group added.

Not just process; critics say substance 'favors big media'

But the groups aren't just objecting to the secretive nature of the process. They're also attacking the substance of the agreement, which they say is "heavily weighted in favor of big media companies."

"With respect to ACTA's substance, we remain concerned that the terms may not adequately account for all of the interests that would be affected. Intellectual property law requires a balance between the benefits conferred upon creators and the rights of the general public to access and use those creations in free discourse and for the public good," the groups said. "Yet the public and the industries enabling such uses would face crippling liability under an improperly calibrated intellectual property regime. ACTA could increase the risk of participating governments taking an imbalanced approach."

Now, the ball is in the Obama administration's court. We'll see if they are responsive to the coalition's complaints, or ignore them as they continue the now-not-so-secret international trade negotiations.