Senator Wyden Asks Congressional Research Service To Determine If ACTA Impacts US Law

from the good-for-him dept

While we've seen a lot of political pressure in Europe and Mexico where elected officials are quite concerned about ACTA, for the most part, US politicians have been blissfully touting the bogus line that "ACTA is about protecting our most important industries," without bothering to pay attention to the details. However, late Friday, Senator Ron Wyden stepped up and expressed his concerns about ACTA, and has asked the Congressional Research Service to review the document to ensure that it does not, in fact, create legal problems in the US:
For nearly two and a half years, the United States has been in negotiations over an international agreement about how intellectual property rights will be enforced. This agreement, the Anti-Counterfeiting Trade Agreement (ACTA), is nearly finalized and is an "executive agreement" that does not currently appear to require Congress' ratification because it is not intended to impact U.S. law. However, some experts outide of government are raising concerns that the ACTA text is contrary to U.S. law and its application or would present a barrier to changes in U.S. law in the area of reform to damages for patents, or access to orphaned copyrighted works.

I ask that the American Law Division review the current text of ACTA, which is enclosed and available at www.ustr.gov, in order to provide Congress a written, independent determination of whether the commitments put forward in the agreement diverge from our domestic law or would impeded legislative efforts that are currently underway. I ask the Division pay particular attention to the provisions relating to injunctions, damages, and intermediary liability.
It's good that he doesn't just focus on specific changes to US law, but on how ACTA might impede important reforms to US law on patent and copyright issues in the future. I do wonder, of course, what would happen if the research does show problems with ACTA...

Filed Under: acta, copyright, ron wyden, us laws


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  1. identicon
    Nate, 2 Nov 2010 @ 2:45pm

    Re: Re: Re: Re: w00t

    You are such an idiot Dark Helmet! Sorry... but not that sorry, because I have never been more passionate about an issue than I am about how stupid your position is.

    You bought into the sound bites. Stop it! I am surprised that you did not call it the "Death Tax....." All money has been taxed before, most of it many man times over the years.

    " Let me first say there is no death tax in the country. Of course, if you poll people and you ask them: Do you want to eliminate the death tax? they will say sure. But you are not going to pay any tax when you die unless you have $2 million. There is no death tax in America. There is a tax on estates. At today's level of $2 million, that affects only 0.5% of estates. When the exemption reaches $3.5 million in 2009, 0.2% of estates will be taxed. If the amendment is agreed to, we would be borrowing money in the name of 99.8% of the American people, borrowing primarily from China & Japan, to give it to the Warren Buffets, the Paris Hiltons, & others of enormous wealth in this country."

    "Raising the exemption level and lowering the rate in past legislation made sense. Under current law, in my State of Delaware, fewer than 50 families will face any estate tax in 2009. I oppose this legislation's complete repeal of the estate tax because it will cost us $750 billion. Given the world we live in today, with clear domestic needs unmet, full repeal is a luxury that we cannot afford.
    To add insult to this injury, the first pay raise for minimum wage workers in 10 years is now hostage to this estate tax cut. We are told that to get those folks on minimum wage a raise, we have to go into debt, so that the sons and daughters of the 7,000 most fortunate families among us will be spared the estate tax. We must say no to this transparent gimmick."

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