LORI WALLACH: Well, free trade is a pretty theory, but as yesterday’s WikiLeaks showed, the TPP has very little to do with free trade. So, only five of the 29 chapters of the agreement even have to do with trade at all. What’s in that intellectual property chapter? What the Cato Institute would call rent seeking—governments being lobbied by special interests to set up special rules that give them monopolies to charge higher prices. What does that mean for you and me? In that agreement, we now can see the United States is pushing for longer monopoly patents for medicines that would increase the prices here. They’re looking for patenting things like surgical procedures, making even higher medical costs. They’re looking to patent life forms and seeds. And with respect to copyright, the U.S. positions are actually even undermining U.S. law. So, for Internet freedom, if you didn’t like SOPA, the Stop Online Piracy Act, the domestic law that Congress and amazing citizen activism killed last year when it was attempted to be pushed here domestically, huge chunks of SOPA are pushed through the backdoor of this intellectual property chapter.
Now, what the heck is that doing in a free trade agreement? I would imagine the Cato Institute is also wondering: Are Adam Smith and David Ricardo, the free trade philosophers, rolling in their graves? Because that is protectionism. This is patent monopolies. This is copyright extensions. This is actually exactly what Bill just talked about, which is powerful special interests—Big Pharma, Disney and the other big-content guys—undermining us as consumers—our access to the Internet, our access to affordable medicine—and they’re using their power to put that into an agreement that they’ve got misbranded as "free trade." That’s what’s the real TPP. So maybe, actually, we agree, between the consumer group Public Citizen and Cato, that what’s in TPP, whatever you think about free trade, ain’t so good for most of us.
AMY GOODMAN: Lori Wallach, what most surprised you about seeing the TPP agreement for the first time yesterday, you know, the WikiLeaks leak?
LORI WALLACH: Well, first of all, this is extraordinarily secret. I’ve followed these negotiations since 1991 with NAFTA. And during NAFTA, any member of Congress could see any text. In fact, the whole agreement between negotiating rounds was put in the Capitol, accessible for them to look at. In 2001, the Bush administration published the entire Free Trade Area of the Americas text, when it was even in an earlier stage than TPP is right now, on government websites. They’ve even excluded members of Congress from observing the negotiations. I mean, this is extraordinary.
And so, to me, what was the most horrifying, I would say, is the ways in which the U.S. negotiators are using this agreement to try and rewrite U.S. law. I mean, I find it morally repugnant and outrageous that the U.S. negotiators be pushing Big Pharma’s agenda to raise medicine prices for the developing countries in the TPP. People in Vietnam, in all the developing countries that have HIV/AIDS, that have malaria, they need access to generic medicines, and this would cut it off. But they’re actually doing it also to us. So, to the extent, theoretically, they’re sort of supposed to be representing our interests, it would make cancer drugs in this country more expensive. Evergreening of patents, changing just a little tweaky thing, the six-hour versus 12-hour version of a medicine, you get 20 more years of monopoly. Also undermining our Internet freedom by rewriting U.S. law? There’s language in there where U.S. law says there’s an exception for liability for U.S. Internet service providers. The U.S. is the only country in that bracket that’s saying, "No, we shouldn’t allow that in TPP." It’s backdoor diplomatic legislating.
And that ties into that business with fast track. Why were—and it’s now 27 Republican members, because there was a second letter that came out of the Republicans, and 151 Democrats—why were they all saying together, in the last 36 hours, "No fast-track trade process. We don’t want to give away our constitutionally granted authority over trade policy"? And a big piece of the reason is, the left and right in Congress may disagree on what the policies should be, but they actually believe that, constitutionally, Congress gets to write our legislation. So the notion of this backdoor legislating, that we saw actually revealed in this WikiLeak, is precisely what is uniting, animating congressional outrage at the notion that after being left out of these negotiations uninformed, somehow they should volunteer to handcuff themselves so they can be thoroughly steamrollered and have even their legislating authority undermined through this so-called trade agreement. That’s really a backdoor coup d’état on domestic policymaking.
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