News for hackers. Stuff that matters.
Re:US Announces Withdrawal from TPP by niftich on Saturday January 21, 2017 @09:13PM (#13453206)
TPP was a communications and messaging failure on parts of governments. Other than being a sprawling agreement touching on multiple unrelated topics largely developed in secret, the US government in particular did little to convincingly persuade the populace about TPP's advantages. The anti-globalization folks predictably seized on those aspects while a different debate about the expansion of copyrights (i.e. the harmonization of copyright protections with those of the US) was raging in the tech sphere.

A gulf began to widen between the administration and those opposing TPP, and quality independent analysis was much more difficult to come by than fearmongering. A few corporations spoke out in favor of TPP [1], but given their vested interest, they made a poor case of swaying average people. Meanwhile, even mainstream news coverage of TPP tended negative. Hillary Clinton notably had modify her messaging on TPP [2] to be seen as a viable candidate, despite endorsing it before.

[1] https://news.ycombinator.com/item?id=11893512#11894446 [2] http://www.snopes.com/hillary-clinton-called-trans-pacific-p...

Re:US Announces Withdrawal from TPP by hackerboos on Sunday January 22, 2017 @12:11AM (#13453707)
I'm ok with trade deals. I'm not ok with private companies suing sovereign nations for compensation. [0]

I'm not ok with secret tribunals that make those decisions. [1]

I'm not ok with governments not making provisions for the workers that lost their jobs because Vietnamese shrimp flooded their country's market. [2]

[0] https://www.google.ca/amp/s/www.washingtonpost.com/amphtml/o...

[1] http://billmoyers.com/story/shadow-courts-secret-tribunals-t...

[2] https://www.bloomberg.com/news/articles/2015-10-08/more-shoe...

Re:US Announces Withdrawal from TPP by valas on Sunday January 22, 2017 @02:28AM (#13454127)
Many are upset about proposed dispute resolution regime ('suing'), but is it much different from how WTO works? AFAIK in WTO countries sue other countries on behalf of their corporations [0]. BTW, your first citation is an opinion piece by Elizabeth Warren who is far from impartial in this debate.

[0] https://www.wto.org/english/tratop_e/dispu_e/dispu_by_countr...

Re:US Announces Withdrawal from TPP by nicoburns on Sunday January 22, 2017 @07:40AM (#13454932)
Possibly not that different, but I (and I think a lot of other people) aren't very happy with those rules either. And TPP undeniably expands the scope / makes it more likely these kind of judgements would be made.
Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @03:22AM (#13454248)
The WTO would function as the court of appeal for decisions made under the TPP's ISDS provisions. It would also be the body permitting sanctions (i.e. a return to pre-TPP tariff levels on trade with the offending country) in the event of non-cooperation.
Re:US Announces Withdrawal from TPP by vilhelm_s on Sunday January 22, 2017 @06:33AM (#13454753)
In what sense is a ISDS a "secret" court? Their decision are published, right? (Your link [1] complains that "Could she protest on the courthouse steps? Arrange for a rally in a nearby town?", but the US supreme court also doesn't allow for protests on the courthouse steps, it doesn't seem like a crucial distinction.)
Re:US Announces Withdrawal from TPP by turndown on Sunday January 22, 2017 @06:45AM (#13454794)
The difference being the Supreme Court is one of the most vital cornerstones of our democracy; the ISDS was an idea thought up by companies for their own advantage.
Re:US Announces Withdrawal from TPP by Paradigma11 on Sunday January 22, 2017 @08:00AM (#13454986)
Pretty sure it was thought up by unstable countries to generate investment interests.
Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @02:29AM (#13454130)
0. What if the nation discriminates against that company, freezing funds or denying access to courts? This shit is important for increasing investor confidence in countries with nascent court systems and political systems used to corruption and nepotism.

1. Any decision that you think has resolved unfairly?

2. Agreed, but redistribution and retraining are domestic issues such as NAFTA-TAA.

Re:US Announces Withdrawal from TPP by Vinnl on Sunday January 22, 2017 @04:06AM (#13454365)
> This shit is important for increasing investor confidence in countries with nascent court systems and political systems used to corruption and nepotism.

Isn't it up to a country to make itself attractive to investors, i.e. by not pulling all that shit?

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @04:18AM (#13454401)
Every country's leader will tell foreign investors that there is no chance that their business will be regulated differently than their nephew's competing in the same space. Investors can trust them a lot more if the country's continued enjoyment of increased foreign demand for their exports lies in the balance.
Re:US Announces Withdrawal from TPP by edblarney on Sunday January 22, 2017 @02:49PM (#13456965)
"Isn't it up to a country to make itself attractive to investors, i.e. by not pulling all that shit?"

Yes, but it would defeat the purpose of a trade agreement.

Moreover, if country ABC signs the agreement, indicating 'they won'd do this BS' - and then they actually do do it - then they get access to other markets while cheating.

The agreement is supposed to prevent countries from cheating.

It has a side effect of preventing governments from doing things they ought to do - for example, punishing international companies from polluting etc..

It's a tricky problem.

There should be clauses that allow governments to make laws to stop companies from polluting etc.

Re:US Announces Withdrawal from TPP by vacri on Sunday January 22, 2017 @08:11AM (#13455027)
0: When my nation decides to reduce smoking in the population by significantly increasing the taxes on cigarettes, companies in other countries that want to sell cigarettes here can go get stuffed.

Why should a foreign company decide what is and isn't legal in my country? Why should a democratic country, whose government is beholden to the people, have to kneel before a corporation, beholden to foreign wealth? Why does a corporation have rights that override the democratically-determined laws of a foreign country?

Not to mention your spin doctoring - 'investor confidence' is the good guys, and 'court systems and political systems' are just corruption and nepotism (because as we know, corps don't have either of those in abundance...)

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @08:43AM (#13455146)
>When my nation decides to reduce smoking in the population by significantly increasing the taxes on cigarettes, companies in other countries that want to sell cigarettes here can go get stuffed.

Cool. You and the TPP are in agreement then.

>Why should a foreign company decide what is and isn't legal in my country?

It shouldn't, beyond the general representation it's due. I'm not sure where you're getting this idea that corporations would have carte blanche to dictate laws from. Certainly not from reading the actual agreement.

What is covered by the mechanism is pretty simple. You can't regulate foreign owned companies differently from domestic ones. You can't appropriate funds or capital or freeze accounts without due process. You can't deny access to local courts.

And that's about it. What's more, your suit can be thrown out if there is a public health, art, indigenous culture or a number of other concerns (this is dependent on country). Tobacco companies are banned wholesale.

Re:US Announces Withdrawal from TPP by vacri on Sunday January 22, 2017 @07:55PM (#13458793)
Yes, tobacco is explicitly excluded because it was foreseen what would happen if they weren't. People went to the mat to exclude it specifically. Why would tobacco companies have to be specifically excluded if the TPP didn't offer a mechanism for such abuse? What prevents other industries from using those mechanisms?

You are indeed correct in that I haven't read the 2700-page document. And to be frank, I highly doubt your own claims that you read it twice. I also doubt the characterisation of this extraordinarily lengthy document argued between multiple countries for the better part of a decade as "pretty simple".

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @08:59PM (#13459093)
95% of the bulk of the document is endless tariff elimination tables. I hope you'll forgive me that I glossed over them. If you're concerned about the ISDS mechanism the relevant parts are in Chapter 9, with some exceptions listed in Chapter 29.

Regarding the tobacco exclusions, it seems punitive to me, they were definitely being bad actors under previous ISDS mechanisms. You're right, though, the public health interest carveouts in the TPP's ISDS implementation (based on a recent Canadian BIT) would provide sufficient tools to allow unfettered regulation without needing to ban them wholesale. These carveouts were not present in the BIT in the PM vs Australia case, for example.

So why were tobacco bad actors? In the Australian case, they launched a suit claiming that by enforcing plain packaging Australia was in essence, appropriating their brand, packaging and associated goodwill. You may think they shouldn't win this argument, I may think they shouldn't win this argument, but regardless, they deserved to have their case heard fairly. They of course lost with costs.

The problem was that PM also quite likely believed that they wouldn't win, and was instead using the process to delay plain packaging legislation in other countries such as Ireland who were waiting on the case results. This would be a clear cut case of abuse, and participating in poor faith.

As per what would prevent other companies from attempting the same thing? Fear that the same thing would happen to them. Because of likely abuse of the ISDS system, tobacco would now have no international recourse whatsoever if governments flat out nationalize their factories.

Re:US Announces Withdrawal from TPP by riffraff on Sunday January 22, 2017 @03:48AM (#13454312)
> This shit is important for increasing investor confidence in countries with nascent court systems and political systems used to corruption and nepotism.

while this is true there are already mechanisms built to counter this uncertainty, i.e. you can get insurance for operating in "dangerous" countries.

Re:US Announces Withdrawal from TPP by rtpg on Sunday January 22, 2017 @06:48AM (#13454801)
How much insurance would Apple require to cover an eventual nationalization and forced shutdown of all of its plants in China? (Purely as an example)

Without a body that can invoke broad sanctions, countries can play chicken with each other. Regimes can simply decide to seize company assets, and hope the offending parties don't cause enough of a real ruckus.

Of course this lowers investor confidence long-term. But governments that do that are rarely interested in this. They're more interested in lining their own pockets with personal wealth.

These sort of trade frameworks build a mutually-assured-destruction setup, so that any BS can get swiftly acted upon by a "neutral" party. And at the end of the day, it allows for stronger rule of law, which is better for most parties. The ones that end up the worst off are the kleptocrats.

Airliners can buy insurance for plane crashes. But most of them would rather planes just not crash.

Re:US Announces Withdrawal from TPP by riffraff on Sunday January 22, 2017 @07:03AM (#13454834)
And yet there were plenty of plants in China before it joined the WTO, right? The uncertainty just gets factored into business.

Sure, ISDS can help a country build more trust, and lower the cost of foreign investments, but it's not a panacea.

Plus, countries would still play chicken with each other. If China decides to seize Apple's plants, what should the US do, declare war? Should France and EU terminate all foreign deals with Egypt due to it not wanting to pay for the Veolia ISDS decision?

Re:US Announces Withdrawal from TPP by rtpg on Sunday January 22, 2017 @08:02AM (#13454993)
because you have the WTO, the US can declare retaliatory tariffs within a generally accepted framework.

There's less debate and uncertainty about the legitimacy of the retaliation, and its better understood than the advanced kremlinology required to decipher some other things.

Not many things are panacea, but things like the WTO have been pretty useful at avoiding trade wars IMO.

Re:US Announces Withdrawal from TPP by vacri on Sunday January 22, 2017 @08:15AM (#13455043)
Apple doesn't need that insurance (not that anyone could cover it anyway). They have $200B in liquid funds, which they can use to set up shop elsewhere.

> Regimes can simply decide to seize company assets

And they can ignore the provisions in a treaty they sign, too. If a country is willing to start seizing assets and taking the usual penalties in business for doing so, the TPP isn't going to mean much.

Treaties are only as powerful as their ability to be enforced (whether that's militarily, politically, or economically). Have a look at the state of the 19th C treaties between the USA and various Indian nations for a crystal-clear example of this.

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @03:52AM (#13454329)
Such insurances simply spread the risk of losses due to this kind of corruption among multiple entities. They don't provide incentives to the country to reduce the risk itself, which is the key differentiator.
Re:US Announces Withdrawal from TPP by akvadrako on Sunday January 22, 2017 @04:01AM (#13454347)
Of course they do, because they increase the cost of doing business there.

And it does it with a far lower cost to sovereignty.

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @04:14AM (#13454388)
>Of course they do, because they increase the cost of doing business there.

This misunderstands what incentives are at play for politicians with low accountability in developing countries. The cost of corruption is borne by these investors and domestic consumers, but the benefit of it is entirely concentrated in the political class. Therefore the opposite incentive exists, and the system becomes more resistant to any changes towards more inclusive institutions.

>sovereignty.

Meaningless buzzword. If a nation no longer favours the basket of benefits and obligations, it is entirely free to leave.

Re:US Announces Withdrawal from TPP by simonh on Sunday January 22, 2017 @07:51AM (#13454964)
> I'm not ok with private companies suing sovereign nations

Do you think government agencies and leaders should be above the law in general, or only with respect to companies?

Re:US Announces Withdrawal from TPP by angry_octet on Sunday January 22, 2017 @08:22AM (#13455078)
The OP has given a brief description, which you have chosen to interpret so as to ignore the real issue.

ISDR (investor state dispute resolution) is usually arranged as a private arbitration, with arbitrators who conspicuously do not meet conflict of interest or probity rules of even a hicksville kangaroo court. ISDR has the power to force judgements which are strongly not in the public interest, under the pretence of 'market interference'. The most obvious case is the tobacco lobby trying to prevent plain packaging legislation.

This idea that trade deals can guarantee commercial justice for large multinationals in authoritarian countries, but we shouldn't expect any such improvement for citizens, is quite abhorrent.

Re:US Announces Withdrawal from TPP by simonh on Sunday January 22, 2017 @05:04PM (#13457843)
> but we shouldn't expect any such improvement for citizens

Why shouldn't we? Does TPP prohibit that? No. Are you saying that countries with poor rule of law should not make any improvement to the Trent tho for the rule of law unless it does it all completely in one go? Are incremental improvements undesirable or actively bad? That's a pretty extreme absolutist position to take.

Re:US Announces Withdrawal from TPP by angry_octet on Sunday January 22, 2017 @06:40PM (#13458419)
Great misquote! Slick.

At the moment governments are pressured by other governments and multinationals to have stronger rule of law. The cost of capital is higher in more corrupt countries. The threat of capital flight is a significant disincentive to government crackdowns on democratic movements -- building stops, bond returns skyrocket, lines of credit disappear, arms sales stumble.

TPP is the promise that your foreign capital is safe, even though locals are screwed. Even better, companies sue governments for raising the minimum wage, or enforcing OH&S.

This isn't 'give a little, get a little', this is 'we're taking your rights'.

Re:US Announces Withdrawal from TPP by Silhouette on Sunday January 22, 2017 @09:23AM (#13455270)
The concern with ISDS-style arrangements is usually not that a government might become above the law, but that a company might, in the sense that a government changing the law might be forced to pay compensation to any company that lost out as a result.

In particular, a government that changed the law because certain behaviour was found to be harmful would potentially be required to pay huge amounts of compensation to a company whose business model relied on doing those harmful things. This is particularly relevant in fields like public health, environmental protection and sustainable exploitation of natural resources.

The problem with this is that the same governments that might genuinely legislate to, say, protect public health by banning smoking in restaurants or protect the environment by banning diesel-powered vehicles with unacceptable levels of particulate emissions can also legislate for protectionist purposes in ways that really do screw over foreign companies. This makes countries with such governments, or the fear that their government go down this path, much less attractive for foreign investors. And so those investors look for safeguards that will ensure governments can't arbitrarily take advantage of them once they've put their money in.

Which brings us back to step 1 in the case of foreign investors whose investments turn out to be in harmful things, whether or not anyone realised that in advance, and so the cycle continues.

Re:US Announces Withdrawal from TPP by tootie on Sunday January 22, 2017 @12:20PM (#13456038)
This fear is based on a few failed attempts to do this in previous trade deals. It's 99% FUD. In reality, it's extremely unlikely. Further, if ISDS ever tried to impose an outrageous judgment that outweighed the benefits of the partnership, the loser could opt to not comply and drop out of the deal.
Re:US Announces Withdrawal from TPP by simonh on Sunday January 22, 2017 @04:56PM (#13457795)
Exactly, all this guff about overriding elected governments is rubbish. Each government is still sovereign and free to withdraw from the treaty, negotiate changes to it or change its laws as it sees fit. As it happens the US is doing exactly that by withdrawing from the treaty, which they could hVe done after ratifying it just as well as before. So has TPP restricted the sovereignty of the US? Er, no. Could it have? Same answer.
Re:US Announces Withdrawal from TPP by Silhouette on Sunday January 22, 2017 @05:22PM (#13457969)
The point of ISDS isn't that it magically constrains the governments in question. It's that the price of choosing not to comply with a ruling is so high (typically, abandoning the entire free trade agreement and reverting to WTO rules) that it's a serious barrier to a government actually doing that.

That doesn't mean we should fear the bogeyman, since in reality such provisions have not been unusual in previous free trade agreements and the most notable ISDS cases were ultimately failures for plaintiffs like Big Tobacco. But even though results have usually gone the right way in the past, they have still cost the governments involved a lot of time and money to fight the case, and that alone is grounds for asking whether the ISDS provisions are a good idea.

Re:US Announces Withdrawal from TPP by jobsforall on Sunday January 22, 2017 @08:30AM (#13455102)
Government agencies and leaders are subject to the law and congress is subject to the ballot box.

No foreign nation or individual should be able to override what a country has decided to do via the democratic process. There is no absolute higher authority to appeal to in a true democracy.

Re:US Announces Withdrawal from TPP by tootie on Sunday January 22, 2017 @11:26AM (#13455815)
Trade dispute resolutions are not legally binding. The judgements are to be implemented or ignored by the sovereign governments that are party to the agreement. If the US Congress ratifies a trade deal, they are saying they will abide by whatever type of dispute resolution is in the deal. If a judgement is made against them, they can comply in the interest of remaining party to the deal or reneg on the whole thing and lose the costs and benefits. Same as signing a peace deal with anither country. We can start shooting again whenever we want but it just means they will shoot back. Sovereignty is at never violating.
Re:US Announces Withdrawal from TPP by edblarney on Sunday January 22, 2017 @02:51PM (#13456977)
"Do you think government agencies and leaders should be above the law"

In this case - it's not about suing the government for doing anything outside the law.

Company ABC decides to extract tons from freshwater from country XYZ.

Country ZYZ realizes this is damaging the environment, and puts in some regulations.

Company ABC can now sue country XYZ - just for having good governance.

There are many reasons that company ABC should be able to sue country XYZ ... but the it's so broad that it can lead to problems.

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @05:46PM (#13458090)
I'd like you to substantiate this claim. The ISDS mechanism in the TPP would allow nothing of the sort.
Re:US Announces Withdrawal from TPP by edblarney on Sunday January 22, 2017 @06:18PM (#13458285)
Canada is the #1 sued country in NAFTA and the majority of the lawsuits are related to Canada getting sued for trying to protect it's environment.

https://www.pressprogress.ca/5_times_canada_got_sued_under_n...

http://www.huffingtonpost.ca/2015/01/14/canada-sued-investor...

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @06:31PM (#13458365)
I'm familiar with the Ethyl Corp case, which is an interesting case to dive into.

Canada banned a fuel additive that was only used by one company (foreign) called Ethyl Corp on the basis of health reasons. Ethyl Corp sued, saying the additive was actually banned for political reasons rather than on any scientific grounds, and the Canadian government chose to settle - paying them some $20 million dollars and withdrawing the law they were implementing.

On the face of it, it seems like Ethyl Corp was the bad guy and the Canadian government was pursuing legitimate policy in the public interest, and this is certainly how it was played out in the media. In actual fact, Ethyl Corp presented the Canadian governments own documents coming from the Health and Environmental departments, dating to about a year prior that unequivocally stated that there was absolutely zero danger from using the additive in fuel. In fact, the party that tried to get the law through had had strong historical links with the domestic companies competing with Ethyl Corp.

In all the papers, it was portrayed as 'Company sues government over environmental protections/health protections', and that's how all ISDS cases get presented in mainstream newspapers. 'Company screwing with our laws' sells way more papers than 'company disputes unfair government policies', I guess. I don't know about you, but I don't think it's fair that foreign investors should be unfairly discriminated against in this way. ISDS prevents political parties from favouring their contributors over foreigners by enacting biased laws such as these. Why should Joe Public lose out because one of the parties is trying to cozy up to their largest donors, and why is it fair that international investors get screwed just because they're foreigners? In actual fact, ISDS is a great way of keeping governments accountable by limiting the political favours they can hand out whilst in office.

Regulations aren't grounds for an ISDS suit, unless they're implemented discriminatorily.

[0] http://www.economia-snci.gob.mx/sic_php/pages/importa/sol_co... (p.4 onwards)

Re:US Announces Withdrawal from TPP by edblarney on Sunday January 22, 2017 @06:58PM (#13458524)
"Regulations aren't grounds for an ISDS suit, unless they're implemented discriminatorily."

If a company believes they can sue, and convince a judge ... well, they'll sue.

I get that it's nuanced, but it's a problem, is my point.

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @07:30PM (#13458674)
I mean explicitly, you only have a valid claim under most implementations of ISDS if you have been treated differently than a domestic company.

And its their right to have their case heard if that's the case, no?

Re:US Announces Withdrawal from TPP by parenthephobia on Sunday January 22, 2017 @08:21AM (#13455073)
The actual problem is companies being above the law. The TPP would enable them to petition an unelected panel of lawyers for the right to ignore laws that inconvenience them, and to sue governments for damages that arise from those laws.
Re:US Announces Withdrawal from TPP by simonh on Sunday January 22, 2017 @04:59PM (#13457812)
Or withdraw from the agreement. This is no different from any other treaty with an arbitration or oversight element, which itself is a law once ratified by a nations legislature. You agree not to do certain things and do others. One of these things in this case is not to pass certain other kinds of laws. So it's simple. Either don't pass those kinds of laws, or withdraw from the treaty. No loss of sovereignty involved.
Re:US Announces Withdrawal from TPP by _0ffh on Sunday January 22, 2017 @08:21AM (#13455074)
You seem to have got that backwards. What was meant is that it is not okay when companies are above the law, and sue whole nations for compensation when they are not allowed to run their business in violation of national regulations.
Re:US Announces Withdrawal from TPP by wfo on Saturday January 21, 2017 @11:45PM (#13453620)
Nothing you said I disagree with yet your tone suggests TPP is by assumption a good thing simply marketed wrong; yet you've not made a single argument for why it is good. It's not just the US government that did little to convincingly persuade the populace about TPP's advantages; nobody convincingly persuaded anyone about its advantages except for the tiny group of elites who negotiated and structured the deal in their own favor.

I'm willing to hear an argument for why TPP would be good for working people in the US. I've never heard anything even close to that. I've heard plenty of hard evidence that it's horrible for working people (and people in general) in the US, while being great for large corporate interests. Sometimes unpopular things are unpopular because they are bad, it's not always a communication problem.

Re:US Announces Withdrawal from TPP by valas on Sunday January 22, 2017 @02:41AM (#13454159)
Try Google search for "TPP impact study". There are quite a few reputable studies done. According to [0], the impact to the US would be small and positive when compared to baseline no-TPP scenario (e.g. 0.07% employment gain, 0.23% real income gain, 0.15% higher GDP, etc).

[0] https://www.usitc.gov/press_room/news_release/2016/er0518ll5...

Re:US Announces Withdrawal from TPP by akvadrako on Sunday January 22, 2017 @04:05AM (#13454359)
If that's the best argument they can come up with, it's clearly a terrible treaty. The loss of sovereignty, like being able to set your own IP and working condition laws, far outweigh that benefit.
Re:US Announces Withdrawal from TPP by edblarney on Sunday January 22, 2017 @02:53PM (#13456987)
"I'm willing to hear an argument for why TPP would be good for working people in the US. I've never heard anything even close to that. "

It's a free trade agreement like any other.

The benefits of free trade are well understood.

Consumers get access to a larger variety of goods, at better prices.

Companies get easier access to parts/services in their supply chain.

Etc. etc..

Re:US Announces Withdrawal from TPP by JamisonM on Sunday January 22, 2017 @09:25AM (#13455276)
Enforcable labour standards and the requirement that member countries allow workers to organize will be good for "working people" in the United States.
[dead]
Re:US Announces Withdrawal from TPP by captainlego on Sunday January 22, 2017 @12:03AM (#13453676)
Or, you know, they could develop trade deal without all the secrecy and bullshit?

When the government has been lying to you for years about domestic spying, among other things, how do you expect them to follow you blindly on another deal made in the dark?

This country is going to go into chaos in the next ~10-25 years as more and more jobs are automated, unemployment skyrockets, and people refuse to give free money to all the "entitled white heroin users in the Rust Belt." Notwithstanding the effects of global warming ramping up.

Except because of the elitism we get to start this period with Donald Trump at the helm instead of someone at least half sane.

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @03:26AM (#13454260)
Trade deals are developed in secret for the same reason that all legislation is (before being presented for a democratic vote). The negotiation process is hamstrung by too many interests, with domestic lobbies preventing anything from being discussed at all. This is a point of interest in game theory. Paper here: https://www.jstor.org/stable/2706785
Re:US Announces Withdrawal from TPP by sambe on Sunday January 22, 2017 @04:21AM (#13454408)
I can't believe you get down-voted for stating the obvious; so many otherwise-smart people jumped on the conspiracy bandwagon for this one. Lots of bad parts to TPP, but the "secrecy" was not one of them.

You are being distracted by irrelevancies if you think this was the main issue. And probably quite foolish if you think democracy means 100% of people give their input to 100% of decisions.

Re:US Announces Withdrawal from TPP by chris_wot on Sunday January 22, 2017 @03:41AM (#13454295)
Those pesky voters, getting in the way of any decent democratically elected Congress! I quite agree, all legislation should be formulated in secrecy and foisted on them at the last moment.

The only thing that could improve this situation is that deals should be formed in complete secrecy, with no input from Congress or the Senate and should be ratified solely by the President via a treaty process.

You really want to ensure the Great Unwashed and those incompetents they elect indirectly don't get any where near trade deals, otherwise they might possible make "improvements" such as forcing through openness, accountability, fairness and equality! All of which are totally the anathema of good backroom deals.

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @03:49AM (#13454320)
The US constitution was another document planned in secrecy and passed by the public. This isn't denigrative of democracy at all, despite the flowery rhetoric. It just leads to better outcomes, as Putnam's paper outlines.

It's a pretty seminal work, I'd encourage reading it.

(8000+ citations, https://scholar.google.com.au/citations?view_op=view_citatio... )

Re:US Announces Withdrawal from TPP by chris_wot on Sunday January 22, 2017 @04:26AM (#13454420)
Thank you, I'll have a read of that. It is interesting that these better outcomes were achieved because the gigantic amount of work that was done in secret is now being overturned because of serious and legitimate complaints about the terms of the agreement. That doesn't sound like a particularly good outcome at all!
Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @04:41AM (#13454450)
This is the tariff elimination schedule for the US in the TPP. It's 386 pages long. If each of the industries effected by it were able to voice their concerns publicly/politically rather than simply furthering their interests in closed negotiation, any trade deal would be politically untenable. The alternative outcome doesn't exist.

http://dfat.gov.au/trade/agreements/tpp/official-documents/D...

Re:US Announces Withdrawal from TPP by chris_wot on Sunday January 22, 2017 @09:41AM (#13455329)
The fact remains, the TPP is about to be completely undone. That's not exactly particularly effective.
Re:US Announces Withdrawal from TPP by ddw on Sunday January 22, 2017 @03:48AM (#13454310)
To me secrecy sort of makes sense because it's a negotiation.

You don't want to show your cards in a negotiation, right? So how could the President and Congress say to the American people "this is what we're going to offer and accept from China" and pretend that the Chinese aren't going to hear it too?

Secrecy is often a horrible idea but this is a really complicated issue.

Re:US Announces Withdrawal from TPP by dajohnson89 on Sunday January 22, 2017 @10:12AM (#13455442)
Brexit -- do you think it's good or bad? Because that is democracy.
Re:US Announces Withdrawal from TPP by rjeli on Sunday January 22, 2017 @01:23AM (#13453916)
"Entitled white heroin users in the Rust Belt would rather help themselves with protectionist policies to give them no skill jobs instead of help the rest of the country and the world."

"Black crack smokers in Detroit would rather help themselves with welfare instead of getting a job and helping the rest of the country."

Wow, doesn't that really make you think? Maybe we shouldn't target people by their race, and associate them with negative stereotypes? Maybe we shouldn't dismiss their response to struggle as selfish and stupid? Really gets the noggin goin'.

Re:US Announces Withdrawal from TPP by solipsism on Sunday January 22, 2017 @01:56AM (#13454026)
The problem was the "white heroin users" part. "Selfish and stupid" can't really be argued against.
Re:US Announces Withdrawal from TPP by candiodari on Sunday January 22, 2017 @07:58AM (#13454978)
As for selfish. Since everybody's acting in their own interest selfish is pretty much a given. That's the basis of the whole process. That an act is selfish does not make it bad.

As for stupid, large complex and overarching new legislation taking away tons of rights relating to everything from food to medical treatment from individuals ... and everybody (including the vast majority of Hacker News I might point out) seems to have a problem with this.

This is not a stupid attitude. Why not ?

Start here: https://www.eff.org/issues/tpp

Re:US Announces Withdrawal from TPP by oculusthrift on Sunday January 22, 2017 @01:37PM (#13456435)
not everyone is selfish as you claim. I, as well as many mature adults, support higher taxes and work against global warming even though both those things could directly hurt me but are better for the public as a whole. that's the difference i guess.
Re:US Announces Withdrawal from TPP by candiodari on Wednesday January 25, 2017 @12:45AM (#13478938)
That is a moral subject so complex you cannot possibly summarize it like this. In most cases "supporting" higher taxes (not by actually paying higher taxes of course, which is explicitly allowed in the tax code exactly to call out people like you) comes with social rewards. Well, talking about it comes with social rewards.

Actually paying higher taxes is so rare and unknown that it baffles anyone you tell that it's actually allowed and that a few people did it.

But in case you don't know, here's how you're supposed to do it: http://www.fms.treas.gov/faq/moretopics_gifts.html

So, did you pay higher taxes, say, last year, or not ? Or does it "matter to you that others wouldn't be contributing equally" or something along those lines ?

http://www.economist.com/blogs/democracyinamerica/2011/11/eg...

Re:US Announces Withdrawal from TPP by bsder on Sunday January 22, 2017 @01:31AM (#13453942)
> TPP is about the US as a whole.

And most of the information I have suggested otherwise.

The problem was that all of the things pertaining to the duties of corporations were optional while things falling on individuals were enforced with the full weight of law.

The people putting together the TPP knew EXACTLY what they were doing and tried to tie together a bunch of unpopular stuff with a bunch of important stuff and ram it all through together.

Given how much effort some of this took to hammer out, they can split the TPP provisions apart and try passing them individually.

Re:US Announces Withdrawal from TPP by jlarocco on Sunday January 22, 2017 @01:44AM (#13453993)
I'm gonna call bullshit on this. It's unfortunate people are trying to spin this as negative because Trump is the one pulling out of it, but the TPP was never a good idea, and never good for anybody except big corporations.

The EFF has an entire page on why the TPP was bad. The secrecy was only one part of it. https://www.eff.org/issues/tpp

Some HN headlines related to TPP:

"The Final Leaked TPP Text Is All That We Feared"

"TPP Text Confirms Massive Loss to Canadian Public Domain"

"UN Experts Say TPP and Fast Track Threaten Human Rights"

"TPP could thwart computer security research and tinkering"

I'm going to stop there because people can search the history for themselves. Hate on Trump all you want, but he did the right thing here.

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @02:16AM (#13454095)
I was actually against the TPP back when all the rumours were spinning around before the text was released. When the full text actually came out, in an old-fashioned sense of obligation I read the whole thing. Then I did it again. Very few fears I had held were grounded. To my surprise though, the narrative didn't change at all. What was actually contained in the agreement was irrelevant. People were afraid of sovereignty, environmental and worker protections and more before the text was released, and they were after.

Here's a couple of common criticisms that will easily identify a commenter as having not read the agreement:

"the TPP (or ISDS) allows companies to sue countries for lost profits" (they don't)

"this is a power grab by pharmaceutical companies" (Pharma was second after Tobacco at being upset with the deal)

"it undermines Net Neutrality" (there are specific points allowing net neutrality regulation, NN was an Obama policy plank FFS)

"TPP worsens environmental or labor conditions" (it actually provides minimum standards that will improve these in developing countries specifically around overfishing, trade of endangered animals, and minimum wage. It's why the deal was endorsed by the WWF)

Re:US Announces Withdrawal from TPP by tmsbrg on Sunday January 22, 2017 @08:21AM (#13455072)
You have to be weary too of the exact meanings, not just how it reads. I remember reading an article from the EFF on the IP provisions which quoted a lot from the then-leaked information. The quotes all sounded quite fair and reasonable if you read them. Things like "countries should attempt to ensure proper protections of the public domain" (don't remember actual quotes, but that was the tone). But the problem was, as the EFF then pointed out, all of the provisions about protecting the people against corporations where just non-binding advice like that, while most of the provisions about protecting corporations from the people were strong and binding. So even if it seems like a reasonable text, if you look at it in a very critical lawyerish way, it could actually be very different.

Then again maybe you did read it that way and still found it not that bad. I admit I didn't read it myself, but then again I'm from Europe so it's not my agreement to check. Still I have some faith in the EFF and other organisations which did read it and found it a dangerous agreement. And I really think it's a good thing that it's now harder to negotiate trade agreements in secret. It doesn't matter what the traditional way to negotiate these was, they have a big impact on the countries that implement them, and people deserve more than just a (representative) YES/NO to a huge number of potentially life-changing provisions at once.

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @09:06AM (#13455226)
A lot of people are quoting from the EFF, which I caution with regards to the TPP. They had a shambles of an AMA last year on the TPP where they failed to argue their points very substantively at all:

https://www.reddit.com/r/IAmA/comments/453zzk/what_tpp_means...

It's also worth noting that they were invited to be part of the TPP negotiation process but declined. The agreement itself is not that difficult to read. It's meant to be used as a practical functional document, after all. The one thing that is a little tricky is that carveouts and exceptions to one mechanism or another may be listed in a separate chapter.

Re:US Announces Withdrawal from TPP by ddw on Sunday January 22, 2017 @03:51AM (#13454324)
Are you sure that Trump sees any problem at all with the government spying portion of TPP?
Re:US Announces Withdrawal from TPP by ZenoArrow on Sunday January 22, 2017 @04:15AM (#13454391)
It doesn't change that Trump did the right thing by pulling out of TPP. He may make poor decisions at other times, but it's still a case of credit where credit's due.
Re:US Announces Withdrawal from TPP by jeffdavis on Saturday January 21, 2017 @11:57PM (#13453655)
When people feel left out of a process that has a big impact on their lives, it's fair to say "no".

You can say that this deal is what's best for them. But whatever harm killing this deal may have done is much less than the harm from letting the elites decide what's best for them without the courtesy of even an explanation.

I think there were a lot of people that voted for Trump simply because the elites told everyone that they had to vote for Clinton. It's a way to remind the government that the people are in charge.

Re:US Announces Withdrawal from TPP by okreallywtf on Saturday January 21, 2017 @11:45PM (#13453621)
I had a hard time with a lot of the anti-tpp sentiment coming from the left because I felt like Obama did make a good case for it (to me) in some of the interviews I heard [1]. I'll be honest in saying I never took a lot of time to dig into the guts of the thing and really vet out the criticisms of it, but at the highest level (which is what the president usually speaks to), it seemed sound.

[1] http://www.marketplace.org/2015/10/06/economy/president-obam...

Re:US Announces Withdrawal from TPP by oculusthrift on Saturday January 21, 2017 @11:53PM (#13453645)
there is no argument against it that stands on logical legs. The arguments either just talk about boogie men like corporations, globalism, and the "establishment" or somehow gets mixed with fear of Mexicans/Muslims/Chinese taking jobs.
Re:US Announces Withdrawal from TPP by arca_vorago on Sunday January 22, 2017 @12:16AM (#13453719)
I assure you, globalism is much more than just a talking point "boogie man", and there is plenty of very valid discussion to be had on the matter in that aspect, seing as according to the supreme law of the land in the US, the Constitution, treaties and agreements entered carry the full weight of federal law. Not a superficial point at all. Which is also why most of us paying attention realized the passing of fast-track was such a large blow to the control mechanisms for such treaties.

Whatever your viewpoint on the TPP itself, to negate criticism of it as lacking any "logical legs" is intellectually dishonest at best.

Re:US Announces Withdrawal from TPP by themusicgod1 on Saturday January 21, 2017 @11:59PM (#13453665)
This is untrue. It encodes the US's broken anti-circumvention law on the global stage, which restricts our ability to freely trade with eachother. There are gains from trade and the TPP should not be used to stop them.
Re:US Announces Withdrawal from TPP by oculusthrift on Sunday January 22, 2017 @12:05AM (#13453683)
I didn't hear that argument from either the left (bernie - corporations) or right (rust belt voters who barely understand email). only some small online subset of tech savvy users.
Re:US Announces Withdrawal from TPP by mtgx on Saturday January 21, 2017 @09:19PM (#13453222)
The fact that mostly corporations were invited to the negotiations and not the civil society probably didn't help that whole "communication issue" either.
Re:US Announces Withdrawal from TPP by Natsu on Saturday January 21, 2017 @09:23PM (#13453241)
Yeah, I think it's a bit more than a communications issue when they secretly negotiated a treaty that planned to take away the rights of everyone online to give a few media giants even more control over what people can say online.

The EFF has a long list of reasons to oppose it here: https://www.eff.org/issues/tpp

Re:US Announces Withdrawal from TPP by niftich on Saturday January 21, 2017 @09:55PM (#13453339)
You're not wrong, but you're proving my point. I've said before [1] that "TPP [is] the largest cross-national, non-military cooperation pact of our time. It's a huge power play with serious geopolitical consequences", a perspective that likely echoes that of US allies [2] and yet the conversation in the tech sphere focused solely on IP.

This is a good fight -- one I applaud and support the EFF for pursuing relentlessly -- but this is just one issue in a gigantic compromise legislation that has to attain broad legislative support inside the US [3][4] as well as support from the other signatories, of which there are many.

It was in fact a failure of messaging to not get out ahead of, or in response to these vocal oppositions, as the public's ire was allowed to foment.

[1] https://news.ycombinator.com/item?id=11893512#11894446 [2] https://www.nytimes.com/2015/10/07/world/asia/trans-pacific-... [3] http://www.politico.com/story/2015/10/trade-trans-pacific-pa... [4] http://thehill.com/blogs/floor-action/senate/293344-mcconnel...

Re:US Announces Withdrawal from TPP by goodplay on Saturday January 21, 2017 @11:31PM (#13453587)
Then they shouldn't have grouped the orthogonal issues together in an all-or-nothing affair.
Re:US Announces Withdrawal from TPP by Ericson2314 on Saturday January 21, 2017 @10:55PM (#13453503)
My understanding is that the other countries were not pushing to adopt our IP policies (though Japan did), so construing that point as compromise is a bit disingenuous.

I think that, with the exception of environmental policy on the part of the poorer counties, I'd prefer the other countries' notiations. (Other than IP I have no evidence though, as others have said it's hard to come by.)

Re:US Announces Withdrawal from TPP by Natsu on Saturday January 21, 2017 @10:59PM (#13453511)
I do not see it as a communication problem because there's nothing they could tell me that would make me support those IP provisions.
Re:US Announces Withdrawal from TPP by 3131s on Saturday January 21, 2017 @09:49PM (#13453321)
> I think it's a bit more than a communications issue when they secretly negotiated a treaty

Sure, but at least they made this cartoon to help the plebs see the light:

https://www.youtube.com/watch?v=WtNfLixcJO4

Re:US Announces Withdrawal from TPP by chiaro on Sunday January 22, 2017 @02:17AM (#13454101)
The EFF was actually invited to negotiate the treaty too, but they refused, opting to instead throw stones from the dark.
Re:US Announces Withdrawal from TPP by dba7dba on Saturday January 21, 2017 @09:42PM (#13453294)
EFF and Trump admin on same page on something? What is going on?
Re:US Announces Withdrawal from TPP by colordrops on Saturday January 21, 2017 @11:06PM (#13453539)
You are only now just seeing that Trump agreeing with something doesn't make it bad by default? It's not Good vs Evil here. Reality is more nuanced. Glen Greenwald, Edward Snowden, and Julian Assange also espouse certain views that match those of Trump, even though they all despise the man. It's not like Trump just went down a check list and picked the "evil" option for every issue. And the left, such as Hillary, didn't go down the list and choose the "good" option for every issue. Both sides have issues for which they have horrible self-serving stances that the other side opposes, and thus you will find people you look up to often agreeing with your "enemy".
Re:US Announces Withdrawal from TPP by kobeya on Saturday January 21, 2017 @09:48PM (#13453316)
Your preconceptions are collapsing.
Re:US Announces Withdrawal from TPP by ddw on Sunday January 22, 2017 @03:54AM (#13454332)
Well I'm pretty sure that they are against it for different reasons. Government surveillance is something that a paranoid, insecure person like Trump is going to love.
Re:US Announces Withdrawal from TPP by candiodari on Sunday January 22, 2017 @08:04AM (#13455000)
Sadly that seems to be a very bipartisan attitude:

https://en.wikipedia.org/wiki/Barack_Obama_on_mass_surveilla...

Actually, one might have some (small) hope that Trump is actually libertarian enough to tone the surveillance state down. Not hoping for much though.

Re:US Announces Withdrawal from TPP by dba7dba on Sunday January 22, 2017 @07:31AM (#13454897)
No one can detect a joke when it involves Trump...
Re:US Announces Withdrawal from TPP by ajross on Saturday January 21, 2017 @09:52PM (#13453332)
Do you have an example of a trade agreement that wasn't negotiated "in secret" and which involved "civil society".

Treaties, free trade treaties foremost among them, are almost never public before the final text is available, because if they were they'd never get that far. Too many interests.

Look, it's a free trade agreement. It says, basically, "no tariffs at all for trade between the signatories". Except of course that every signatory has a list of a thousand "but..." clauses to protect whatever proprietary interests have their ear. So the end results is a big mess of exceptions and clarifications, which is why everyone hates it. There is literally something in there in there that everyone will hate! By design!

I mean, look: it's hardly the most important bill of the decade, and I'm not crying that it failed. But to pretend that this was some collusion of the global illuminati to stick it to the hippies, or white nationalists, or whoever you happen to identify with is just insane.

It's a ?!@#!$ trade treaty, for god's sake.

Re:US Announces Withdrawal from TPP by jordanb on Saturday January 21, 2017 @10:16PM (#13453408)
The fact that most trade agreements are negotiated in secret by special interests doesn't make it right.

The TPP was full of provisions that would have made profits higher for corporations and very little that would genuinely protect workers and the environment. This is understandable given that most the voices in the room were representing corporations.

Re:US Announces Withdrawal from TPP by knowaveragejoe on Saturday January 21, 2017 @11:11PM (#13453549)
Were it totally open you'd see something analogous to NIMBYism, would you not?
Re:US Announces Withdrawal from TPP by themusicgod1 on Saturday January 21, 2017 @11:52PM (#13453639)
"Were countries not ruled by kings we'd be arguing back and forth on the triviality of legislation. We need to make sure that there's one strong voice that is capable of deciding everything"
Re:US Announces Withdrawal from TPP by Analemma_ on Saturday January 21, 2017 @10:30PM (#13453443)
> if they were they'd never get that far. Too many interests.

"That's a feature, not a bug. Whence this argument that trade negotiations are somehow different from every single other aspect of good governance? For all other mechanisms of government, everyone agrees that transparency is a vital mechanism for preventing corruption, and that whatever inefficiencies it introduces into the system are a necessary evil. Yet somehow free trade agreements operate on a different set of rules; even though time after time it's been shown that this invites boatloads of the exact corruption that government transparency is meant to combat."

(This argument gets trotted out with such reliability in TPP threads that I can just copy-paste my response from a previous one)

Re:US Announces Withdrawal from TPP by jimbokun on Saturday January 21, 2017 @10:58PM (#13453506)
There have been serious arguments made that too much transparency is crippling the US government's ability to function.

Used to be a lot more compromises made in private, to come up with trade offs both sides could live with but the partisan core supporters would shoot down immediately if they knew. Which leads to our current government, where compromise with the other side of any kind is political suicide.

Re:US Announces Withdrawal from TPP by AnthonyMouse on Sunday January 22, 2017 @12:37AM (#13453785)
The partisanship in the US traces primarily to the voting system. Replace it with something like range voting or approval voting and you would have twelve parties instead of two, at which point passing anything would require a coalition government and cooperation with other parties would be a mandatory prerequisite for government action.
Re:US Announces Withdrawal from TPP by sixothree on Sunday January 22, 2017 @01:48AM (#13454005)
I feel like we can trace the hyper-partisanship in America directly to the rise of Fox News.
Re:US Announces Withdrawal from TPP by PhantomGremlin on Sunday January 22, 2017 @01:12AM (#13453880)
passing anything would require a coalition government

Yeah, because "coalition governments" have worked so well in countries like Italy. Have they hit the 100 mark yet for number of "coalition governments" formed since WWII?

And the Liberal Democrats made out really well in the "coalition government" that was formed in the UK after the 2010 elections. They went from 57 MPs after 2010 to 8 MPs after 2015. Even Charlie Sheen wouldn't call that "winning".

Re:US Announces Withdrawal from TPP by Ericson2314 on Saturday January 21, 2017 @10:59PM (#13453510)
There's a lot of anti-transparency arguments coming from a mainstream, "woe, the lost bipartisanship", outlook. I'm not sure whether to think this is a nuanced look at tradeoffs or a sickening slippery slope.
Re:US Announces Withdrawal from TPP by arca_vorago on Sunday January 22, 2017 @12:32AM (#13453770)
"But to pretend that this was some collusion of the global illuminati to stick it to the hippies, or white nationalists, or whoever you happen to identify with is just insane."

This is a complete strawman argument, and lacks rational coherence.

Re:US Announces Withdrawal from TPP by ggame on Sunday January 22, 2017 @12:47AM (#13453810)
An aside; I recently found out about the Nipster movement, Nazi Hipsters. Be afraid be very afraid
Re:US Announces Withdrawal from TPP by ajross on Sunday January 22, 2017 @09:27AM (#13455287)
You literally snipped the joke out of the middle of the rationally coherent text to argue against it in isolation. Seriously, who's strawmaning here?
Re:US Announces Withdrawal from TPP by jessaustin on Sunday January 22, 2017 @10:15AM (#13455454)
Jokes are funny.
Re:US Announces Withdrawal from TPP by Gargoyle on Saturday January 21, 2017 @10:15PM (#13453406)
The fact that it's always been done that way is not a sufficient excuse.
Re:US Announces Withdrawal from TPP by digler999 on Saturday January 21, 2017 @11:04PM (#13453533)
> It's a ?!@#!$ trade treaty, for god's sake.

its ramifications would have affected billions of people just as if it were a new civil and criminal law, that's what was so scary about it. Citizens aren't bound to obey international treaties. That's why we have governments.

Re:US Announces Withdrawal from TPP by gech on Saturday January 21, 2017 @10:06PM (#13453384)
Oh i guess no big deal then, can't criticize something that wasn't even made available, for god's sake. Insane