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Wednesday May 08, 2013 |
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As the future of the proposed Canada - European Union Trade
Agreement becomes increasingly uncertain - the EU has been
unwilling to compromise on the remaining contentious issues
leaving the Canadian government with a deal that offers limited
benefits and significant costs - the Trans-Pacific Partnership
Agreement (TPP) is likely to emerge as the government's new top
trade priority. The TPP has rapidly become of the world's most significant trade
negotiations, with participants that include the United States,
Australia, Mexico, Malaysia, New Zealand, Vietnam, Japan, and
Canada. There is a veil of secrecy associated with the TPP,
however, as participants are required to sign a confidentiality
agreement as a condition of entry into the talks. Despite
those efforts, there have been occasional leaks of draft text that
indicate the deal could require major changes to Canadian rules on
investment, intellectual property, cultural protection,
procurement, and agriculture.
My weekly technology law column (Toronto
Star version, homepage
version) notes the Canadian government has adopted several
measures to guard against leaks by departmental officials.
According to documents obtained under the Access to Information
Act, a November 2012 email to government officials noted that
their access to TPP texts was conditioned on "Secret" level
clearance, an acknowledgement that all texts are watermarked and
can be traced back to the source, and confirmation that no sharing
within government is permitted without prior approval.
canada, dfait, insider group, tpp Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday May 08, 2013 |
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Tuesday May 07, 2013 |
Appeared in the Toronto Star on May 4, 2013 as Canada's Two-Tier Approach to Trade Talks
As the future of the proposed Canada - European Union Trade Agreement
becomes increasingly uncertain - the EU has been unwilling to compromise
on the remaining contentious issues leaving the Canadian government
with a deal that offers limited benefits and significant costs - the
Trans-Pacific Partnership Agreement (TPP) is likely to emerge as the
government's new top trade priority.
The TPP has rapidly become of the world's most significant trade
negotiations, with participants that include the United States,
Australia, Mexico, Malaysia, New Zealand, Vietnam, Japan, and Canada.
There is a veil of secrecy associated with the TPP, however, as
participants are required to sign a confidentiality agreement as a
condition of entry into the talks. Despite those efforts, there have
been occasional leaks of draft text that indicate the deal could require
major changes to Canadian rules on investment, intellectual property,
cultural protection, procurement, and agriculture.
The Canadian government has adopted several measures to guard against
leaks by departmental officials. According to documents obtained under
the Access to Information Act, a November 2012 email to government
officials noted that their access to TPP texts was conditioned on
"Secret" level clearance, an acknowledgement that all texts are
watermarked and can be traced back to the source, and confirmation that
no sharing within government is permitted without prior approval.
While the government tries to stop potential leaks, the newly obtained
government documents reveal that the Department of Foreign Affairs and
International Trade has established a secret insider group with some
companies and industry associations granted access to consultations as
well as opportunities to learn more about the agreement and Canada's
negotiating position.
Those documents indicate that the first secret industry consultation
occurred weeks before Canada was formally included in the TPP
negotiations in a November 2012 consultation with telecommunications
providers. All participants were required to sign non-disclosure
agreements.
Soon after, the circle of insiders expanded with the formation of a TPP
Consultation Group created as part of the trade talks in New Zealand in
December 2012. Representatives from groups and companies such as
Bombardier, the Canadian Manufactures and Exporters, Canadian Agri-Food
Trade Alliance, and the Canadian Steel Producers Association all signed a
confidentiality and non-disclosure agreement that granted access to
"certain sensitive information of the Department concerning or related
to the TPP negotiations."
This is not the first time DFAIT has tried to establish a secret
insiders group that is granted preferential access to proposed treaty
information not otherwise available to the public. During the
Anti-Counterfeiting Trade Agreement negotiations, the department planned
for a similar insider group - called a Trade Advisory Group - that
initially included representatives from the music, movie, software, and
pharmaceutical industries. The plan was scuttled only after the
department's intention became public.
While the need for business insight as part of trade talks is
understandable, the two-tier approach raises serious concerns about the
lack of transparency associated with Canada's global trade strategy. As
the Canada - EU Trade Agreement has begun to founder, Canadian officials
have become increasingly tight-lipped about the specific concerns
associated with the agreement. By contrast, European officials
regularly update both elected officials and the general public. In fact,
Europe has become the primary source for information about where Canada
stands in the negotiations.
The creation of a secret TPP insider group suggests that the government
is shying away from public consultation and scrutiny of an agreement
that could have a transformative effect on dozens of sectors. With TPP
negotiations set resume in Lima, Peru in less than two weeks, Canada
should be increasing efforts to gain public confidence in the talks by
adopting a more transparent approach.
Michael Geist holds the Canada Research Chair in Internet and
E-commerce Law at the University of Ottawa, Faculty of Law. He can
reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.dfait, tpp, trans pacific partnership Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday May 07, 2013 |
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Friday November 30, 2012 |
Canada begins formal participation in the Trans Pacific Partnership
negotiations next week in Auckland, New Zealand. The TPP remains
shrouded in secrecy (Peter Clark has published a detailed must-read guide
that provides a complete assessment of the talks to date based on leaks
and media reports), but it appears that some individuals and
organizations may have privileged access to the text or other
negotiation information. The Department of Foreign Affairs is creating a
secret insider "Consulting Group" that will be granted access to secret
and confidential information regarding the negotiations. A source this
week provided a copy of the non-disclosure agreement that DFAIT is
requiring members of the consulting group to sign, a copy of which is
posted below.
The creation of an insider group is reminiscent of the
Anti-Counterfeiting Trade Negotiations, where DFAIT spent months trying
to pull together an ACTA insider group,
only to drop the plan after the publication of the initial composition
of the group (I obtained the information via an Access to Information
request).
A TPP insider group raises a host of concerns including questions about
who has privileged access, whether civil society groups will also have
access and be invited to join, and the extent of behind-the-scenes
consultations with industry groups. While DFAIT may seek to justify the
creation of an insider group based on the need for expert advice, the
lack of transparency with the TPP is now exacerbated by a two-tier
approach to TPP information with a select, secret group gaining insider
access to information. DFAIT should immediately disclose who has been
invited to join the insider group, why it is has established a two-tier approach, and how it intends to ensure that all
Canadians have access to the latest TPP developments.
The NDA is posted below: that will be granted access to secret
and confidential information regarding the negotiations. A source this
week provided a copy of the non-disclosure agreement that DFAIT is
requiring members of the consulting group to sign, a copy of which is
posted below. consulting group, dfait, tpp Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday November 30, 2012 |
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Wednesday March 10, 2010 |
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The Department of Foreign Affairs has launched a public consultation on encryption controls. Comments are due by April 30, 2010. consultation, crypto, dfait, encryption Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday March 10, 2010 |
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