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COMP 607 Week 13 Presentation

COMP 607 Week 13 Presentation

COMP 607 Week 13 Presentation

By nmas 7 December 2015 @ 8:59am Comments (7)

Hello everyone,

This is my presentation on my research paper for the course.

Abstract

The Trans-Pacific Partnership is a multinational trade agreement that attempts to set common standards between twelve Pacific-Rim nations, including Canada and the United States. Negotiations were completed on the 5th of October 2015. Canada has not ratified the agreement as of this writing. The TPP agreement is under a cloud of criticism due to many factors - primarily because negotiations were conducted in secret and with no public consultation. When the text was finally released, a slew of issues pertaining to privacy, intellectual property, healthcare, cyber-security, among others, were immediately noticed. It fell under sharp condemnation from business leaders, the media, privacy advocates and politicians alike. Its binding mandate requires nations to modify laws in order to be in compliance with the agreement. This has caused much trepidation as it effectively means national laws are being directly influenced by foreign interests.

 

References

Baker, S. (2015). Cybersecurity and the TPP. Washington, DC: The Washington Post. Retrieved Dec 3, 2015, from https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/11/06/cybersecurity-and-the-tpp/

BC Freedom of Information and Privacy Association. (2015, Nov 5). Final text of Trans-Pacific Partnership agreement released; BC’s privacy laws in jeopardy . Retrieved from BC Freedom of Information and Privacy Association: https://fipa.bc.ca/final-text-of-trans-pacific-partnership-agreement-released-bcs-privacy-laws-in-jeopardy/

Blatchford, A. (2015). Jim Balsillie fears TPP could cost Canada billions and become worst-ever policy move. The Canadian Press. Retrieved Dec 3, 2015 from http://www.cbc.ca/news/business/jim-balsillie-tpp-1.3310179

British Broadcasting Corporation. (2015). Trans-Pacific free trade deal agreed creating vast partnership. British Broadcasting Corporation. Retrieved Nov 30, 2015, from http://www.bbc.com/news/business-34444799

Chase, S., Keenan, G., & Leblanc, D. (2015). No promise to renegotiate 6,000-page TPP deal, new Liberal trade minister says. Toronto, ON: The Globe and Mail Inc. Retrieved Dec 1, 2015, from http://www.theglobeandmail.com/news/national/tpp-to-ease-threshold-for-foreign-takeovers-of-canadian-companies/article27114404/

Curry, B. (2015). Obama presses Canada for quick TPP approval . Toronto, ON: The Globe and Mail Inc. Retrieved Dec 1, 2015, from http://www.theglobeandmail.com/news/politics/obama-presses-canada-for-quick-tpp-approval/article27315695/

Electronic Frontier Foundation. (n.a.). EFF analysis of the TPM provisions in the U.S. February 2011 proposal for the TPP intellectual property chapter. San Fransciso, CA: Electronic Frontier Foundation. Retrieved Dec 4, 2015, from https://www.eff.org/files/filenode/eff_tpp_tpm_analysis_0.pdf

Flynn, S. M., Baker, B., Kaminski, M., & Koo, J. (2013, Feb). The U.S. proposal for an intellectual property chapter in the Trans-Pacific Partnership agreement. American University International Law Review, 28(1), 105-202.

Foreign Affairs, Defence and Trade Committee (Australia). (2015). Blind agreement: reforming Australia's treaty-making process. Department of the Senate. Canberra, Australia: Commonwealth of Australia. Retrieved Nov 30, 2015, from http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Foreign_Affairs_Defence_and_Trade/Treaty-making_process/Report

Geist, M. (2015a). How the TPP may put your health care data at risk. Toronto, ON: Toronto Star Newspapers Ltd. Retrieved Nov 9, 2015, from http://www.thestar.com/business/2015/10/13/how-the-tpp-may-put-your-health-care-data-at-risk-geist.html

Geist, M. (2015b, Nov 5). Official Release of TPP Text Confirms Massive Loss to Canadian Public Domain. Retrieved from Michael Geist: http://www.michaelgeist.ca/2015/11/official-release-of-tpp-text-confirms-massive-loss-to-canadian-public-domain/

Government of Canada. (2015). Copyright Act. Ottawa: Minister of Justice. Retrieved Dec 4, 2015, from http://laws-lois.justice.gc.ca/PDF/C-42.pdf

Marangos, J. (2008). The Evolution of the Anti-Washington Consensus Debate: From 'Post-Washington Consensus' to 'After the Washington Consensus'. Competition & Change, 12(3), 227-244. doi:10.1179/102452908X320400

Médecins sans frontières. (2015). Trading away health: the Trans-Pacific Partnership agreement. Geneva, Switzerland: Médecins sans frontières. Retrieved Dec 4, 2015, from http://www.msfaccess.org/sites/default/files/IP_Brief_TPP_ENG_2015.pdf

Ranald, P. (2015, June 4). The Trans-Pacific Partnership Agreement: Reaching behind the border, challenging democracy. Economic And Labour Relations Review, 26(2), 241-260. doi:10.1177/1035304615580721

Text of the Trans-Pacific Partnership. (2015). Retrieved Dec 3, 2015, from New Zealand Ministry of Foreign Affairs and Trade: http://www.mfat.govt.nz/Treaties-and-International-Law/01-Treaties-for-which-NZ-is-Depositary/0-Trans-Pacific-Partnership-Text.php

Toronto Star. (2015). Trudeau shouldn’t be rushed into signing Pacific trade deal: Editorial. Toronto, ON: Toronto Star Newspapers Ltd. Retrieved Dec 6, 2015, from http://www.thestar.com/opinion/editorials/2015/11/23/trudeau-shouldnt-be-rushed-into-signing-pacific-trade-deal-editorial.html

World Intellectual Property Organization. (2015). Members of the Madrid Union. Retrieved Dec 4, 2015, from World Intellectual Property Organization: http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/madrid_marks.pdf

 

Comments

  • Hi Nadir,

    Thank you for sharing your presentation with the group, and while watching your presentation I was realizing that this raises the good questions regarding how the laws of each countries applied within TPP and to what level sacrifice they have to go. I then went and read a bit more about TPP on Government of Canada’s web page in Global Affairs Canada department, and noted one interesting statement regarding the internet, it is quoted below:

    “The TPP is an opportunity to set the future terms of trade across the Asia-Pacific region, and Canada and our allies in TPP share a vital common interest in ensuring the internet remains free and open, and have taken obligations to help ensure that restrictions cannot be imposed on the free flow of information online”

    There is a statement about ensuring the free and open internet within TPP, but is the understanding of free and open is the same for all members of TPP, and if not whose laws prevail? Indeed TPP brings forward many controversial topics to be discussed and debated over, and the biggest question is whether Canada joining TPP because it is right thing to do for the country or for politicians.

     

    Resources:

    Opening markets for services and financial services. (2015, 10 07). Retrieved from Global Affairs Canada: http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/tpp-ptp/benefits-avantages/sectors-secteurs/04-FinancialSector.aspx?lang=eng

    Merdan Hojanepesov December 7, 2015 - 2:00pm

  • Thank you for your comment Merdan. A couple of things need to be noted.


    1) The website you linked was created under the previous government of Canada. The last modified date is 07 Oct 2015. The federal elections were held on the 19th of October.

    2) The waybackmachine archive has stored one instance of this website from the 5th of October. Not much change between the two versions - and both, of course, are blurbs from the Conservative led govt of Canada. So, I suspect some bias exists in the text and the new government hasn't had any chance to update this site yet.

    Watching Question period in the House of Commons yesterday, Minister Freeland had this to say about the TPP (from the Edited Hansard from the 1st session of the 42nd Parliament of Canada)

     

        Mr. Speaker, the newly minted Minister of International Trade continues to confuse Canadians with statements like: it is not her job to promote trade.


        Of course, she is not ratifying the TPP until the Americans do. This deal has been years in discussion and is now the gold standard on environmental and labour chapters.
         She claims to be pro trade, so when will she stop stalling and sign this dea

    Hon. Chrystia Freeland (Minister of International Trade, Lib.):  

        Mr. Speaker, our government supports free trade so strongly, I could not wait to answer that question. We understand how important it is for middle-class prosperity. We also understand that on a deal this big, it is essential to consult Canadians and have a full parliamentary debate.

        I must say to my hon. colleague that he is a little mistaken on the facts when he suggests that we could be signing the deal now. The deal is not yet open for either signature or ratification. The member might want to have a coffee with the hon. member for Abbotsford who is well versed in the details of how trade deals work.
     

    The new govt is still interested in consultations and have a parliamentary debate on ratification - and so, I am not sure if the link you had posted truly reflects the new government's stance.


    All this to say that the wording on the site is a bit flowery (as it was posted during an election campaign) and the "free and open internet" mentioned here is not what most people think of as net neutrality. I feel it is simply sugarcoating the stipulation that national data can be stored in foreign locations. I honestly do not feel that a socially conservative nation like Brunei would be supportive of a free and open internet.

     

    Reference:

    42nd Parliament of Canada, Edited Hansard No. 003 (7 Dec 2015): http://www.parl.gc.ca/HousePublications/Publication.aspx?Pub=hansard

     

    nmas December 8, 2015 - 12:02pm

  • Thanks Nadir for summarizing the TPP in a slick 10 slides!

    I have been paying attention to the TPP as well, the EFF has had great commentary, especially on the patent and copyright side. I'm not super happy with what I've read. One troubling thing that doesn't get discussed enough is the copyright extensions, which keeps art and music and other things out of the public domain. This is really troublesome when something like a song, movie, or piece of art is part of the "culture". 

    Anyway, thanks again for posting and highlighting the TPP - it's one of the issues of our time, I think.

    Louis Lemaire December 9, 2015 - 6:37pm

  • Thanks for the comments Louis. 

    nmas December 9, 2015 - 9:56pm

  • Bozena Tkaczyk

    Thank-you Nadir for sharing your presentation. Great comments Louis and Merdan! There is my three cents:)

    The industry has shifted dramatically to cloud based delivery platforms for everything from music to software applications. In large part this, combined with other significant advances in technology capabilities (network, application design, mobile, etc) is serving to mitigate some of the very reasons why piracy exists in the first place.

    For example, in the music industry it is now so convenient to legally purchase a single song and have it immediately rendered to every device owned with accompanying artwork and other artifacts, that it has created sufficient value for most consumers so as to make piracy inconvenient by comparison. Indeed we can see that in this example, although music piracy still exists, if anything it has become a supporting component of the music ecosystem - people may still illegally download songs, but there is sufficient value for ‘99 cents’ that they will still go to a legitimate music service and download it. In addition, the shift towards small, consumable, incremental pricing - purchasing individual songs for 99 cents, vs being required to purchase an entire album for $14.99 has again reduced the incentives and benefits of downloading the music illegally. It is important also to note the market now shifting significantly to an on-demand ‘radio’ model where curated playlists (Spotify, Pandora, Apple Music) are again of a value that cannot be realised through piracy. Lastly, cloud storage services are rendering the use of ‘blank cds’ obsolete. Many computers are no longer available with CD drives. In short, there is no action that needs to be taken; technology has completely overtaken the existing legislation, policy and approaches undertaken by government and rendered it largely irrelevant.

     Have a great Holidays!

    Bozena

    Bozena Tkaczyk December 12, 2015 - 11:28am

  • I am curious which service allows the purchase of a song and permits its use on any device DRM free. Spotify does offer something similar, but you are only renting the song. Once your membership expires, the song cannot be played on any device.

    nmas December 12, 2015 - 11:43am

  • Bozena Tkaczyk

    I am not an expert in this domain:( but I've found this reading interesting:)

    Happy reading! 

    10 Best (and DRM-free) Online Music Stores

    http://www.techhive.com/article/155512/online_music_drm.html

    Bozena Tkaczyk December 12, 2015 - 12:03pm

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