In presenting ACTA as an “international agreement” rather than a treaty, the Obama administration managed to circumvent the legislative process and avoid having to get Senate approval, a method questioned by Senator Wyden.
“That said, even if Obama has declared ACTA an executive agreement (while those in Europe insist that it’s a binding treaty), there is a very real Constitutional question here: can it actually be an executive agreement?” asks TechDirt. “The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President. Thus, there’s a pretty strong argument that the president legally cannot sign any intellectual property agreements as an executive agreement and, instead, must submit them to the Senate.”
Gonzalo San Gil, PhD. on 08 Oct 11[We're all constantly hearing about new cool sites, apps, and products on the market. Most of us forget 90% of these within a few hours of hearing about them...and for good reason. There's no way to keep an eye on everything that's out there. ...]
