Obama Tries to Bypass Congress with Deadly Global Internet Treaty ACTA [28Jan12] - 0 views
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Before the American people were protesting the Stop Online Piracy Act and the Protect Intellectual Property Act, the president managed to sign an international treaty which would permit foreign companies to demand that ISPs (Internet Service Providers) remove web content in the United States without any legal oversight. Entitled the Anti-Counterfeiting Trade Agreement (ACTA), the treaty was signed by Obama on October 1, 2011, but it is currently a subject of discussion because the White House is circulating a petition demanding that senators ratify the treaty.
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the White House has done some maneuvering — characterizing the treaty as an "executive agreement" — thereby bypassing approval by members of Congress. Concerned by this action of the administration, Sen. Ron Wyden (D-Ore., above left) sent a letter to President Obama in which he declared: It may be possible for the U.S. to implement ACTA or any other trade agreement, once validly entered, without legislation if the agreement requires no change in U.S. law. But regardless of whether the agreement requires changes in U.S. law ... the executive branch lacks constitutional authority to enter a binding international agreement covering issues delegated by the Constitution to Congress' authority, absent congressional approval.
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Similarly, TechDirt observes: ... [E]ven 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? 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.
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