ACTAttack

Setting aside whether ACTA is fully consistent with U.S. law, pursuant to our Constitution, ACTA does not and can not bind the U.S. unless the Senate ratifies it. But until the Obama Administration says that, our negotiating partners may believe that ACTA provides them the right to challenge whether our laws are consistent with ACTA. That would result in what we call an international, legal quagmire.

My only guess as to why the USTR won’t actually tell its negotiating partners that it is not legally binding is that doing so may dissuade them from signing onto ACTA, which would be embarrassing.

So, what is ACTA at the end of the day? A political document that took enormous government resources to negotiate. Which is ironic given that U.S. companies and citizens may be the only ones who won’t have to live under ACTA’s rules.

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