Tsukasa Buddha
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- Joined
- Sep 10, 2006
- Messages
- 15,302
As for "unusual" or "usual" secrecy:
Linky.
The level of secrecy employed by the Office of the United States Trade Representative is not typical of how most international agreements are negotiated. It’s not even how our negotiating partners say they want to operate. Yet it is the way that the Obama administration handles trade deals, from a failed anti-counterfeiting agreement more than two years ago to the TPP today. The trade representative’s office keeps trade documents secret as national security information, claiming that negotiating documents — including work produced by United States officials — are “foreign government information.”
The justification for secrecy in trade is that negotiations are like a poker game: Negotiators don’t want to reveal their hand too soon, or get pressured by concerned domestic constituencies. But the trade representative’s office takes this logic too far. After being forced to turn over documents in a 2002 lawsuit, it began regularly classifying trade documents. Now the office uses classification to invoke the national security exemption to open government law. Yale Law School’s Media Freedom and Information Access Clinic is challenging this behavior in a lawsuit. (I submitted testimony in the case.)
The peculiarity of this secretive approach is becoming more apparent as our foreign negotiating partners push toward transparency in trade. The European Union now voluntarily releases its side of trade negotiations in an effort to be as transparent as possible; New Zealand officials pressed for greater transparency in previous trade negotiations with the United States.
Linky.