Drew Wilson
October 20th, 2009, 09:52 PM
KEI was surprised to learn in early September that the United States Trade Representative was using nondisclosure agreements (NDAs) to selectively share copies of the ACTA Internet text outside of the USTR formal advisory board system.
When questioned about this practice, USTR told KEI that it had "consulted with an array of experts from various IP and tech industries and associations and NGOs in the process of deliberation regarding a US proposal on one section of the agreement." According to persons who have been approached by USTR, this included the opportunity to review the texts that the United States would present at the next round of ACTA negotiation. USTR did not extend KEI an offer to view the text under an NDA.
We asked USTR for the names of the persons who had signed the NDAs and had been given access to the text. USTR declined, on the grounds that the release of the names of persons who had seen the text would undermine the national security of the United States.
On September 11, 2009, KEI submitted a FOIA request to USTR, asking for the names of persons who had signed an NDA, as well as copies of the NDA they had signed. On October 9, 2009, exactly four weeks after the submission of our FOIA request, we received copies of all of the NDAs related to the ACTA Internet text, as well as the names of 10 other persons who received the text as members of one of two USTR Advisory Boards.
More... (http://keionline.org/node/660)
What a joke. Yeah, it's real transparent when you have a couple people sign NDAs for access to the content. It's like, "We are totally transparent. We secretly told a few people and threatened their well-being if word got out." I think they missed the point of the transparency concerns.
When questioned about this practice, USTR told KEI that it had "consulted with an array of experts from various IP and tech industries and associations and NGOs in the process of deliberation regarding a US proposal on one section of the agreement." According to persons who have been approached by USTR, this included the opportunity to review the texts that the United States would present at the next round of ACTA negotiation. USTR did not extend KEI an offer to view the text under an NDA.
We asked USTR for the names of the persons who had signed the NDAs and had been given access to the text. USTR declined, on the grounds that the release of the names of persons who had seen the text would undermine the national security of the United States.
On September 11, 2009, KEI submitted a FOIA request to USTR, asking for the names of persons who had signed an NDA, as well as copies of the NDA they had signed. On October 9, 2009, exactly four weeks after the submission of our FOIA request, we received copies of all of the NDAs related to the ACTA Internet text, as well as the names of 10 other persons who received the text as members of one of two USTR Advisory Boards.
More... (http://keionline.org/node/660)
What a joke. Yeah, it's real transparent when you have a couple people sign NDAs for access to the content. It's like, "We are totally transparent. We secretly told a few people and threatened their well-being if word got out." I think they missed the point of the transparency concerns.