Wyden Questions Legality Of ACTA
October 12, 2011
| 4:04 PM
A key senator is questioning the Obama administration's claim that an international agreement aimed at curbing piracy and counterfeiting does not require congressional approval.
Sen. Ron Wyden, D-Ore., chairman of the Senate Finance Committee's International Trade Subcommittee, wrote President Obama Wednesday about the Anti-Counterfeiting Trade Agreement. The agreement, which the United States recently signed, was negotiated with more than 30 countries and is aimed at improving cooperation in efforts to fight piracy and counterfeiting.
The administration has maintained that ACTA is a "sole executive agreement" that doesn't change U.S. law and therefore doesn't require congressional approval.
Wyden begs to differ. "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," he wrote. "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."
Wyden urged Obama to either declare that ACTA is not binding on the United States or provide Congress with a more precise legal rationale of why the deal does not require congressional approval.
ACTA critics have raised similar concerns. They also attacked the process used to negotiate the agreement as too secretive and voiced concern with provisions aimed at curbing online infringement of intellectual property.
"Hopefully, Senator Wyden's letter will alert the administration to the serious constitutional issue facing it and compel it to engage its constitutional and international law experts ... to ensure that the [U.S. Trade Representative] does not disregard this country's constitutional mandates in its fervor to hastily enter a broad ranging and controversial agreement restraining US policy options," said Sean Flynn, associate director of American University's Program on Information Justice and Intellectual Property.
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