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#Trade Agreement
girlactionfigure · 2 years
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Israel and the UAE opened a new chapter of cooperation in the Middle East this week with the signing of a groundbreaking free trade agreement in Dubai. It's the first of its kind between Israel and an Arab country. Mabruk,
mazal tov!
World Jewish Congress
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newnewz · 10 months
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India-Africa free trade agreement in making, says EAM Jaishankar
India finds a unified market in Africa but unified markets still require points of entry, regional hubs. That is why it is important for India to be connected to countries within Africa individually.
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NEW DELHI: India has a fairly substantial presence in Africa and trade and investments in the continent are increasing. It is for the same reason that India is looking at a Pan-Africa Free Trade Agreement.“India’s trade is $98 billion with Africa. India’s investments are $75 billion, and we are expecting both this trade and investments in Africa to grow, so there is a pan-African larger continental Free Trade arrangement in the making. As it unfolds, I think it makes it easier to both trade with Africa and invest in Africa,’’ said External Affairs Minister S Jaishankar while addressing the Indian diaspora in Tanzania.
It may be recalled that less than a month ago, Commerce Minister Piyush Goyal after interacting with 15 Ambassadors from the African region had said India was open to FTA with Africa as a whole or with individual countries.
“India and Africa share remarkable friendship across decades and have the potential of becoming the powerhouse of the future. India would act as a trusted partner to expand trade, commerce, business, investment and opportunities with Africa,” Goyal had said in June.
Meanwhile, Africa is becoming the second-largest recipient of credit from India. 42 African nations have received about $32 billion which translates into a little less than 40 per cent of all credit extended by India during the last decade. India is trying to catch up with China which has a deep imprint across Africa primarily through its Belt and Road Initiative (BRI).
India finds a unified market in Africa but unified markets still require points of entry, regional hubs. That is why it is important for India to be connected with countries within Africa individually too.
India has just signed a Memorandum of Understanding for establishing the first IIT campus in Zanzibar.
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tsasocial · 1 year
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India Australia Economic and Cooperation Trade Agreement comes into force from today
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India has achieved the unique distinction of operationalizing two Trade Agreements this year. After the entry into force of India UAE Comprehensive Economic Partnership Agreement on May 1 earlier this year, the India-Australia Economic Cooperation and Trade Agreement (#IndAusECTA) has come into effect from today, i.e., December 29, 2022. The ECTA was signed on April 2, 2022, ratified on November 21, written notifications were exchanged on November 29 and after 30 days, the Agreement has come into force today.
Addressing industry representatives and the media in Mumbai today, the Union Commerce and Industry Minister Piyush Goyal said that the Agreement has been “negotiated with the speed of Bret Lee and the perfection of Sachin Tendulkar”.
So, how will the Agreement benefit the countries?
Let us listen to what the Minister has had to say.
“There is a lot of potential for exporting finished goods to Australia, since they hardly manufacture anything, they are largely a raw material and intermediate producing country, we will get cheaper raw materials which will not only make us more competitive globally but also enable us to serve Indian consumers better; enabling us to provide more quality goods at more affordable prices.”
“Australia, which is largely dependent on imports, will benefit hugely, they will soon start seeing a lot more finished goods coming in from India, providing huge amount of work and job opportunities in both goods and services, provided by Indian talent.”
“The Agreement will also eliminate Double taxation on IT services which were making us less competitive and making us less profitable in IT sector, the double taxation has now been removed by amending the law, from 1st April, double taxation for IT sector will be over, we will save millions and millions of dollars right now, and over a billion dollars going forward, maybe 5 - 7 years going forward, giving us competitive edge and also creating a lot many jobs.”
“I appreciate Australian government for being very sensitive and considerate, giving us full cooperation throughout the negotiations, especially in protecting the interests of the farmers and dairy sector of India. Products like agricultural products and dairy sector - which were very sensitive for India and without which Australia has never done an agreement before - have been protected, I am hugely grateful to the Australian government for this.”
Watch the media briefing by the Minister, in full here.
Indian goods on all tariff lines to get access to Australian market with zero customs duty
The Ind-Aus ECTA provides an institutional mechanism to encourage and improve trade between the two countries. It covers almost all the tariff lines dealt by India and Australia.
India will benefit from preferential market access provided by Australia on 100% of its tariff lines, including all the labour-intensive sectors of export interest to India, such as Gems and Jewellery, Textiles, leather, footwear, furniture, food, and agricultural products, engineering products, medical devices and Automobiles. On the other hand, India will be offering preferential access to Australia on over 70% of its tariff lines, including lines of export interest to Australia, which are primarily raw materials and intermediaries such as coal, mineral ores and wines.
As regards trade in services, Australia has offered wide-ranging commitments in around 135 sub-sectors and Most Favoured Nation (MFN) status in 120 sub-sectors covering key areas of interest to India.
On the other hand, India has offered market access to Australia in around 103 sub-sectors and Most Favoured Nation status in 31 sub-sectors from the 11 broad service sectors such as ‘business services’, ‘communication services’, ‘construction and related engineering services’, and so on.
Both sides have also agreed to a separate Annex on Pharmaceutical products under this agreement, which will enable fast-track approval for patented, generic, and biosimilar medicines.
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It is estimated that an additional 10 lakh jobs would be created in India under ECTA. Indian Yoga teachers and chefs are set to gain with the annual visa quota. Over 1 lakh Indian students would benefit from post-study work visa (for 18 months to 4 years) under the ECTA. The agreement is also likely to increase investment opportunities, promote exports, create significant additional employment and facilitate strong bonding between the two countries.
Australia is an important strategic partner of India. They are also part of the four nation QUAD, Trilateral Supply Chain Initiative and the Indo-Pacific Economic Forum (IPEF).
All the necessary notifications required for entry into force of Ind-Aus ECTA on 29.12.2022 have been issued by Department of Revenue and the Directorate General of Foreign Trade in the Department of Commerce.
A few shipments have been given preferential access certificates by the Commerce and Industry Minister Piyush Goyal, in Mumbai today.
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if-you-fan-a-fire · 1 year
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“Revolution In West Hinted By Garland,” Toronto Globe. November 4, 1932. Page 1. --- Grave Reaction Possible to Grain Shipping Restriction --- (By GEORGE SMITH) (Staff Correspondent of The Globe.) Ottawa, Nov. 3. - Western Canada revolution was hinted in the Commons tonight as the possible result of forcing Western wheat shippers to utilize all Canadian grain export routes, and abandon the reputedly cheaper transportation process of shipping via New York.
Edward J. Garland (Progressive, Bow River) was bitterly protesting the point of the application of the United Kingdom preference only on wheat consigned from Empire to Empire point. He said: ‘I tell you, Mr. Speaker, that honorable members who insist on advocating a policy which will utterly destroy grain-growers of Western Canada are undertaking something which may have the most serious effect on the country I could state. Frankly, if there is to be continued insistence on this policy, I hesitate to imagine what it may mean to Confederation.’
Conservative voices - Oh, oh!
Peter McGibbon (Conservative, Muskoka, Ontario). - Do you want to be spoon-fed all your life?
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dcoglobalnews · 2 years
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ISRAEL AND UAE TO SIGN FREE TRADE AGREEMENT
Israel and the United Arab Emirates (UAE) will sign a free trade agreement in Dubai on Tuesday, Israel’s Economy Ministry said in a statement on Monday.Under the deal, customs duties will be eliminated on 96 percent of products, including food, agriculture, cosmetics, medical equipment and medicine, the ministry said. The UAE and Israel formally established relations in 2020 as part of the…
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minecraft-sideblog-tm · 2 months
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After watching Grian and Mumbo's failed negotiation over the prismarine permit, I think it'd be really funny if instead of actually trading permits they just became the wholesaler for the other's shop.
Ah yes this is Grian's iron and gold shop which sells iron and gold bought in bulk exclusively from Mumbo's farms. Still Grian's shop though! And that over there is Mumbo's prismarine shop, where he sells products bought from Grian and also let Grian decorate with the 5000 cod heads he doesn't want to talk about
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Paul Blest at More Perfect Union:
The Federal Trade Commission voted Tuesday to ban new noncompete agreements for all workers and make existing noncompetes null and void for everyone except senior executives. These agreements are used to restrict 30 million American workers from changing jobs or starting their own businesses due to claims that they could use “trade secrets” in their new roles.  Noncompete agreements can restrict job mobility based on geographic area (i.e., a doctor joining a new practice within 50 miles of their old one) or a time period after leaving the position (anywhere between several months to more than a year). They have been banned in multiple states in the past few years. 
But the FTC has issued a uniform ban that will cover hundreds of millions of workers following a 180-day period for for-profit companies to enter into compliance. More than 26,000 comments were submitted on the rule, more than 25,000 of which supported a noncompete ban, FTC staff said Tuesday.  The FTC estimated that the new rule will increase workers’ wages by up to $488 billion over 10 years, which FTC staff said would mean a $524 increase in annual wages for the average worker. The FTC also estimated that the rule would lead to more than 8,500 new businesses per year.   “Right now workers are stuck in place because of these noncompetes,” FTC chair Lina Khan told More Perfect Union in an interview about the rule. “So even if they get a better job opportunity with higher wages, with better benefits, they can't actually switch jobs, which is bad for those workers. It's also bad for other workers who won't have the opportunities that are not being created because of these noncompetes.”
Five states have passed bans on noncompetes, not including New York, where lawmakers passed a ban last year that was then vetoed by Gov. Kathy Hochul. After Oregon banned noncompete agreements in 2008, researchers found, average hourly wages for all workers were boosted by up to 3 percent; the same analysis found that low-wage workers subjected to noncompetes saw a substantial negative impact on their wages.  The final rule differs from the proposal in that “senior executives,” those in a “policy-making position” making more than $151,000 per year, will still be subjected to noncompete agreements signed before the effective date of the new rule.
Since announcing the proposal in early 2023, the FTC’s rule has come under fire from the business lobby. The U.S. Chamber of Commerce said before Tuesday’s meeting that it will file a lawsuit to block the proposal as soon as Wednesday. A top Chamber official said earlier this week that the rule “opens up a Pandora’s box where this commission or future commissions could be literally micromanaging every aspect of the economy,” Bloomberg reported.  But the FTC argues that noncompete agreements are “an unfair method of competition” that affect both high- and l0w-wage earners. In the medical profession, nearly half of all physicians are subject to noncompete agreements, according to the American Medical Association, which backs the effort to end the practice. (The FTC estimated that the new rule will result in “$74-$194 billion in reduced spending on physician services over the next decade.”)
The Federal Trade Commission voted to ban competition-stifling noncompete agreements except for senior executives.
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sciralta · 9 months
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Do you think everyone in the European Union is laughing behind Drakovia’s back about how they’re kinda cringe.
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hella1975 · 4 months
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someone write my trade report for me
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supremeuppityone · 5 days
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senterya · 1 year
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"Oooh your lab exploded? Anyway--"
lil' inquest shit
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if-you-fan-a-fire · 2 years
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“NO REASON TO THINK BETTER TIMES COMING,” Brantford Expositor. May 31, 1932. Page 1. ---- Warning Given by Bishop of Ontario at Kingston ---- Rt. Rev. Bishop J. Lyons in His ' First' Charge ---- KINGSTON, May 31 (CP)— “There is no reason to believe that better times are just around ‘the corner. The world has witnessed a record fall in commodity prices, world-wide unemployment, unprecedented world depression and the abandonment by England of the gold standard, which has been regarded as something in the nature of the keystone of national and world prosperity. Yet in spite of all we seem to sense an upward trend in many directions.”
With these words Right Rev. Bishop John Lyons of the Anglican Diocese of Ontario this morning delivered his first charge as bishop when the annual session opened here.
CHALLENGE TO CHURCH "World conditions, instead of causing us to slacken our efforts, constitute a challenge to the church and an urgent call to her membership to meet the varied demands of these days with the spirit of confidence,” ha said.
"These days in which the church is called upon to bear witness are far from being peaceful and prosperous. We have just emerged from a difficult year," he continued.
"The economic conference which convenes in Ottawa in July should receive our prayerful support. It is the beginning of a greater co-operation between the different units within the Empire and it is to be hoped the ultimate results will not only benefit ourselves and the Empire but the world at large.”
WHOLESOME INFLUENCE While the League of Nations may not have fulfilled the expectations of many,” Bishop Lyons continued "and to not a few may appear to have failed in some respects, yet we all acknowledge it has exercised a wholesome influence. Were the league not In existence and functioning, the world to-day might be in a state of war,” he declared.
Bishop Lyons referred to the loss sustained by the diocese In the departure of Dr. C. A. Seager to become bishop of the Diocese of Huron, and also expressed his keen regret that Most Rev. J. F. Sweeny, Metropolllan of Ontario, has resigned.
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How tech does regulatory capture
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If you want to know which industries have the most influence in DC, study the trade deals struck by the US Trade Representative, whose activities are the most obvious manifestation of American corporate power over state. Take the Indo-Pacific Economic Framework (IPEF). As David Dayen notes, this treaty is a kind of Big Tech wishlist:
https://prospect.org/power/2023-04-18-big-tech-lobbyists-took-over-washington/
If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/04/18/cursed-are-the-sausagemakers/#how-the-parties-get-to-yes
The USTR’s playbook has changed over the years, reflecting the degree of control over the US government exerted by different sectors of the US economy. Today, with Big Tech in the driver’s seat, US trade deals embody something called the “digital trade agenda,” a mix of policies ranging from limiting liability, privacy protection, competition law, and data locatization.
The Digital Trade Agenda is a relatively new phenomenon. A decade ago, when the USTR went abroad to twist the arms of America’s trading partners, the only “digital” part of the agenda was obligations to spy on users and to swiftly remove materials claimed to have violated US media monopolies’ copyright. But as the tech sector grew more concentrated, they were able to seize a greater share America’s trade priorities.
One person who had a front-row seat for this transformation was Wendy Li, a PhD candidate in sociology at the University of Wisconsin, who served in the USTR’s office from 2015–17, and who leveraged her contacts among officials and lobbyists (and ex-lobbyists turned officials and vice-versa) to produce a fascinating, ethnographic account of a very specific form of regulatory capture. That account appears in “Regulatory Capture’s Third Face of Power,” in Socio-Economic Review. The article is paywalled, but if you access it via this link, you can bypass the paywall:
https://pluralistic.net/wendi-li-reg-capture
Li’s paper starts with a taxonomy of types of regulatory capture, drawn from the literature. The first kind — the “first face of power” — is when an industry wins some battle over a given policy, triumphing over the public interest. Li notes that defining “public interest” is sometimes tricky, which is true, but still, there are some obvious examples of this kind of capture.
My “favorite” example of horrible regulatory capture is from 2019, when Dow Chemical — working through the West Virginia Manufacturers Association — convinced the state of West Virginia to relax the limits on how much toxic runoff from chemical processing could be present in the state’s drinking water. Dow argued that the national safe levels reflected a different kind of person from the typical West Virginian. Specifically, Dow argued, the people of West Virginia were much fatter than other Americans, so their bodies could absorb more poison without sickening. And besides, Dow concluded, West Virginians drink beer, not water, so poisoning their drinking water wouldn’t affect them:
https://washingtonmonthly.com/2019/03/14/the-real-elitists-looking-down-on-trump-voters/
This isn’t even a little ambiguous. Dow’s pleading wasn’t just absurd on its face — it was also scientifically bankrupt — there’s no evidence that being overweight makes you less susceptible to carcinogens. And yet, the state regulator bought it. Why? Well, maybe because chemical processing is WV’s largest industry, and Dow is the largest chemical company in the state. Regulatory capture, in other words.
The second kind of regulatory capture is the “revolving door”: when an executive from industry rotates into a role in government, where they are expected to guard the public interest from their former employers. There’s some of this in every presidential administration — think of Obama’s ex-Morganstanley and ex-Goldmansachs finance officials.
But while Obama and other “normal” pols sketched their corruption with a fine-tipped pen, making the overall shape hard to discern, Trump scrawled large, crude, unmissable figures with a fisted Sharpie. Remember Scott Pruitt, the disgraced Trump EPA who wanted to abolish the EPA? Pruitt was was such a colossal asshole that even the lobbyists who’d been bribing him with free housing actually evicted him:
https://www.cnn.com/2018/04/06/politics/pruitt-trump/index.html
After Pruitt resigned in the midst of chaotic scandal, he was succeeded by his deputy, Andrew Wheeler — a former coal lobbyist:
https://www.nytimes.com/2018/07/05/climate/scott-pruitt-epa-trump.html
That’s the “second face of power.” What’s the third? It’s taking over the shape of the debate, getting to define its axioms. Think of the reflexive idea that government projects are “wasteful” and “inefficient.” Once all players internalize this idea, the debate shifts from “what should the public sector do?” to “which private-sector entity should the government pay to do this?” Anyone who says, “Wait, why doesn’t the government just do this?” just gets blank stares.
We can see this in the cramped and inadequate debate over the SVB bailout; apologists for the bailout insist that it was necessary because if SVB’s depositors had been forced to take a haircut, every large depositor in America would pile into Morganstanley, making it so “too big to fail” that it could tank the nation.
This is probably true — but only if you discount the possibility of establishing a public bank. Public banks are hardly a radical idea: America had nationwide public banking through the postal service until 1966:
https://pluralistic.net/2023/04/15/socialism-for-the-rich/#rugged-individualism-for-the-poor
Li summarizes: “the first face of power is measured through the winner of the game, and the second face of power can be understood as the referee. The third face of power is the field, the rulebook, and agreement that there is even a game at all.”
It’s the creation of this third face that Li’s paper dissects — the creation of “Type I” ideas that form the unquestioned assumptions for all other debate. Sociologist call these ideas “schemas.” Li describes two ways that the tech industry changed the schemas used in trade negotiations. First, schemas are changed through “knowledge production” — creating reports and data.
Second, schemas are embedded through “recursive institutional reproduction” — a bit of unfortunately opaque academic jargon that is roughly equivalent to what activists call “policy laundering.” That’s when an industry can’t get its way in its home country, so it leans on trade reps to include that policy in a treaty or trade deal, which transforms it into an obligation at home.
In tech policy, the Ur-example of this is the DMCA, a 1998 digital copyright law that has profoundly changed the way we relate to everything from online services to our coffee makers. The origins of the DMCA are wild. In 1991, Al Gore kicked off the National Information Infrastructure hearings — AKA the “Information Superhighway” project. One of the most prominent proposals for the future of the internet came from Bruce Lehman, Bill Clinton’s Copyrigh tCzar. Lehman had been the head of IP enforcement for Microsoft, and he had some genuinely batshit ideas for the internet, like requiring a separate, negotiated copyright license for every transitory copy made by RAM, or a network buffer, or drive cache:
https://www.wired.com/1996/01/white-paper/
Gore laughed Lehman out of the room and told him to hit the road. So Lehman did, scurrying over to Geneva, where he turned his batshit ideas into the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Then he raced back to DC where he told Congress that they had to get on board with those UN treaties. In 1998, Congress passed the DMCA, turning a failed regulatory policy into a federal law that endures to this day.
That’s “policy laundering.” Lehman couldn’t get his ideas though the US government, so he rammed them through a UN agency, converting his proposal into an obligation, which Congress duly assumed.
The Digital Trade Agenda triumphed by both knowledge production and recursive institutional reproduction (AKA policy laundering). Under Obama, trade officials created the Digital Trade Working Group in consultation with industry, through the US Chamber of Commerce. This group worked with the US International Trade Commission (USITC) — a quasi-governmental research body — to produce copious reports, testimony and data in support of a focus on “digital trade.”
In particular, they inflated the value of digital trade to US officials, convincing them that getting wins for the digital industry would have an outsized impact on the US economy. This is reflected in the terms of the Trans-Pacific Partnership, a trade deal that was negotiated in the utmost secrecy, in hotels all over the world surrounded by armed guards, where neither the press nor activists were welcome.
TPP represented a kind of farcical wishlist for America’s corporate giants, including the tech sector, and it looked like a done deal — until Trump. Trump unilaterally withdrew from TPP, so the tech industry’s reps simply tacked around TPP. They took everything they’d wanted to get out of TPP and crammed it into the USMCA, Trump’s rewrite of NAFTA. This makes perfect sense — corporate America’s priority was TPP’s policies, not TPP itself.
Li’s paper doesn’t just document this shift, she also gives us interviews with (anonymized) officials and lobbyists who speak frankly about how this happened behind the scenes. For example, a former Commerce official turned tech lobbyist describes how he lobbies his former coworkers: “Sometimes, [meetings are like] hey, let’s grab lunch, let’s grab coffee, and catch up. And half of it is about our kids, and half of it is about this [work related issue]. We’ll have a formal meeting [with government officials], but obviously we chitchat before and after. Because we’re human. So, a lot of it is just normal human interaction, right?”
This social coziness lets lobbyists position themselves as “stakeholders,” which legitimizes — and even requires — their participation in policymaking. As a trade negotiator says, “So to get your handle on a problem, you’ve got to pull the right people together, and you’ve got to sift through all the various ideas, so we obviously have a lot of regular interaction with companies [. . .] I spend a lot of time with the companies trying to understand their business model, try ing to understand how they interact with the governments in different countries, and then of course, socializing it within the building.”
Once lobbyists are “stakeholders,” they get to define not just what position the US takes — they get to define which positions can even be considered. As a trade negotiator says, “[Lobbyists aren’t] coming in and spouting talking points. They’re not giving us draft text because we haven’t gotten to the text phase yet. The way these meetings go is, generally we provide an update on what is happening and what approach we’re taking. The remainder is usually devoted to companies talking about their particular interests, and inquiring as to whether and how their issues are being addressed in that forum.”
That’s not just winning the game — it’s defining the rules.
Li’s paper is a fascinating tour of the sausage-factory and a close examination of the gunk that litters the factory floor. That said, I think there are areas where she drops policies and fights into neat categories that are much messier. For example, Li contrasts the rules in TPP with the rules in ACTA, the Anti-Counterfeiting Trade Agreement, a failed international treaty from 2010.
Li characterizes ACTA as being an anti-tech proposal because it imposed copyright liability on tech companies, which would have raised their costs by forcing them to police their users’ speech, items for sale and uploads for copyright infringement. But that’s not quite right: ACTA was much broader. First, because “counterfeiting” doesn’t mean what you think it does: in an international trade agreement, counterfeiting concerns itself with all kinds of totally legitimate activities.
For example, Apple engraves microscopic Apple logos on every part in an iPhone; no user ever sees these parts. But Apple uses the presence of an Apple trademark on these tiny components to lodge trademark claims with US border officials in order to block the importation of parts harvested from dead iPhones, as part of the company’s war on repair:
https://pluralistic.net/2022/05/30/80-lbs/#malicious-compliance
Likewise, companies like Rolex and Cartier have national subsidiaries in countries all over the world with the exclusive license to sell their goods in each country. These companies then claim that, say, an official Mexican Rolex watch becomes a counterfeit Rolex the minute it crosses the US border, because Rolex Mexico doesn’t have the right to use Rolex International’s trademarks outside of Mexico.
Asking tech companies to police “counterfeits” isn’t just about stopping knockoffs — it’s about letting multinational corporations control all secondary markets for their goods, giving them total control over repair and used goods.
Beyond that: creating an affirmative duty for platforms to police their users’ uploads and speech for copyright infringement is one of those things that not only won’t prevent copyright infringement (beating filters is easy for dedicated copyright infringers), but it will also compromise users’ speech (because filters are rife with false positives) — and it will hand eternal dominance to the largest tech firms (both Youtube and Facebook support mandatory filters, because they’ve spent hundreds of millions on them, and know that their small rivals can’t).
ACTA wasn’t a way to “punish” tech to make life better for media companies — it was a way to shift some of the oligarchic control of both tech and media around, while shoring up its dominance. Yes, parts of the tech sector hated ACTA, but it died because millions of people campaigned against it.
And of course, ACTA got policy-laundered into law in 2019, when the EU adopted the Digital Single Market Directive and created a filtering mandate, ignoring the largest petition in EU history and the people who marched in 50 cities. That was recursive institutional reproduction in action all right.
Likewise, TPP can’t be understood as the tech sector sidelining the entertainment companies — because both of them rallied for the parts of TPP that feathered all their nests. For example, the entertainment sector and the tech sector both love rules against reverse-engineers (like Section 1201 of the DMCA), which make it a felony to unlock your books, music, games and videos from the store that sold them to you and take them with you to another player.
Tech loves this because it gets them lock-in — if you break up with Amazon, you have to kiss your Kindle and Audible books goodbye. Media loves it because it gives them control — DRM stops you from recording Christmas movies between Feb and Dec, when they come free with your streaming service, and that means you have to pay-per-view them in December, when you want to watch them.
In other words, the Big Tech and Big Content’s policy fights aren’t so much about which policies we get — they’re about who gets to profit from them. They both want the same stuff — no taxes, no unions, no minimum wage, no consumer rights, no privacy — but they each want to hoard the benefits from that stuff.
Both tech and media love “IP” — not in the sense of “copyright” or “trademark,” but in the sense of “any law that lets me control the conduct of my competitors, critics and customers”:
https://locusmag.com/2020/09/cory-doctorow-ip/
In USMCA, it wasn’t just the “Digital Trade Agenda” that made it into the final agreement — it was mandatory DRM laws, massive copyright extensions, and the evisceration of fair use and its equivalents in Mexico and Canada:
https://pluralistic.net/2020/08/01/set-healthy-boundaries/#la-ley
There’s another important factor missing from Li’s analysis of the rise of the Digital Trade Agenda: monopoly. Tech used to be composed of hundreds of competing firms that hated each other’s guts and were incapable of working together. The entertainment industry, by contrast, was already hugely consolidated and able to lobby effectively as a body.
That was hugely important in the Napster Wars, when international copyright proposals like the Database Right and the Broadcast Treaty were popping up at the UN and in country-to-country trade deals. While the tech industry was competing to give users a better deal, Big Content was able to solve the collective action problem and come up with a common lobbying position, getting nearly identical (and absolutely ghastly) tech bills introduced in dozens of state legislatures at once:
https://web.archive.org/web/20030425210736/https://www.eff.org/IP/DMCA/states/200304_sdmca_eff_analysis.php
The rise of the Digital Trade Agenda is downstream of tech industry consolidation, the orgy of mergers that saw the internet transformed into “five giant websites, each filled with screenshots of text from the other four”:
https://twitter.com/tveastman/status/1069674780826071040
Li’s taxonomy of regulatory capture is useful and important, and it’s complimented by an analysis of failures in antitrust enforcement. Market consolidation has produced firms that are more powerful than the governments that are supposed to keep them honest. When the teams have more power than the ref, the game will never be fair:
https://doctorow.medium.com/small-government-fd5870a9462e
The tech industry aren’t really adverse to the entertainment industry, at least not where it counts. They are all part of the business lobby, whose regulatory priorities are broadly shared, even if they disagree at the margins. Dayen describes how the Digital Trade Agenda is playing out in IPEF, the treaty with more than a dozen Pacific Rim countries: “It would prohibit governments from reviewing or prescreening algorithms for violations of labor law, competition policy, or nondiscrimination statutes. It would bar limitations on data flows or storage. And it would treat policies that have greater impacts on the large tech firms as illegal trade barriers. These terms could block signatory countries from writing laws that take on any of these issues.”
Those aren’t tech priorities — those are corporate priorities. The success of the “Digital Trade Agenda” isn’t just because tech grew up and started lobbying — it’s because the things they lobby for are the things every business wants: no labor protection, no antitrust, no privacy.
That’s the “schema” that matters: the bedrock assumption that job of US trade policy is to make sure that workers and residents abroad have no rights, with the obligation on America to dismantle the few rights that remain intact in its borders to satisfy the “obligation” it actually insisted on.
Later this week (Apr 20/21), I’m speaking in Chicago at the Stigler Center’s Antitrust and Competition Conference.
This weekend (Apr 22/23), I’m at the LA Times Festival of Books.
[Image ID: The Milky Way. Standing to the left of the frame is a giant ogrish figure, a top-hatted, cigar-chomping caricature of a capitalist. He emerges from behind a silhouetted tree, towering over it. With one white-gloved hand, he is yanking a golden, dollar-sign-shaped lever at a control box. With the other hand, he disdainfully dangles a 'big blue marble' image of Earth from space. The starry sky is partially blended with a green-on-black 'code waterfall' effect in the style of the Matrix movie open credits. The ogre's eyes have been replaced with the glaring red eyes of HAL9000 from Stanley Kubrick's '2001: A Space Odyssey.']
Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg
CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en
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Andy (modified) https://commons.wikimedia.org/wiki/File:The_Milky_Way_and_Andromeda_Galaxies.jpg
CC BY 2.0 https://creativecommons.org/licenses/by/2.0/deed.en
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