President Obama Signs ACTA Mar07


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President Obama Signs ACTA

Move over SOPA, tell ACTA the news? Or is this more of a case of “move over SOPA, it’s ACTA time?” Or does, “Stop! ACTA time!” work? For me, it’s “just when you thought it was safe to go back on the web, ACTA happens.” That’s right folks, while SOPA/PIPA were being placed in the ditch as smoldering husks, President Obama signed the ACTA “treaty,” which is, at its most elementary, a multinational agreement that addresses intellectual property enforcement.

There are many issues involved with President Obama’s signing of the Anti-Counterfeiting Trade Agreement — which occurred in September 2011 — and whether or not it should be treated as an executive agreement or an actual treaty between the agreeing countries. With an executive agreement, the President does not require the approval of the Senate, whereas, with a treaty, Senate approval is required. That, however, is not the issue, especially when you consider the initial zeal with which the both houses of the U.S. Government supported SOPA and PIPA.

Until the protestation blackouts, that is.

As for ACTA, there hasn’t been a great deal of push back from the Senate concerning President Obama’s signature, although, perhaps there should be. As TechDirt points out:

The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President.

Does this mean President Obama overstepped his boundaries by signing ACTA? If you follow the letter of the law, as laid out by TechDirt, then yes, yes he did.

via President Obama Doesn’t Support SOPA, But Signs ACTA? | WebProNews.

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