Response to EU Ombudsman's Consultation on TTIP Transparency

The EU Ombudsman is running a consultation on how to improve the transparency of the TTIP negotiations.  This shouldn't be hard, since there is currently vanishingly small openness about these secret talks.  However, to keep things simple, I have just one very easy suggestion, as my response to the consultation below explains:

My name is Glyn Moody, and I am a journalist who has written over 40 columns on TTIP (available at http://www.computerworlduk.com/blogs/open-enterprise/ttip-updates--the-glyn-moody-blogs-3569438/.) My comments are based on following trade negotiations closely for many years, including those for TPP, TISA and ACTA. Please find below my responses to the consultation's questions.

1. Please give us your views on what concrete measures the Commission could take to make the TTIP negotiations more transparent. Where, specifically, do you see room for improvement?

There is one one very simple measure that would make the TTIP negotiations highly transparent without limiting the European Commission's ability to keep its negotiating strategy secret - something it claims is necessary.

This would be to make all EU documents and proposals public as soon as they are tabled.

There can be no objection that this will reveal the Commission's strategy to the US side, since the latter can, by definition, see all documents once they are on the table. Releasing them to the public would therefore reveal nothing that the US negotiators did not already know. The US cannot object, since it only concerns the EU proposals, and reveals nothing of the US position (not that this should be secret.) In short, no one could possibly object, unless, of course, the real purpose of negotiations being held behind closed doors is precisely to keep the public ignorant of what is nominally being carried out in their name.

2. Please provide examples of best practice that you have encountered in this area.

Negotiations at WIPO go far beyond simply making tabled documents available, as this article explains in detail (http://infojustice.org/archives/30027). Here are the main points:

"The elements of WIPO’s transparency processes are varied. they start with ongoing releases of draft negotiating documents dating back to the beginning of the process."

"WIPO webcasted negotiations, and even established listening rooms where stakeholders could hear (but not be physically present in) break rooms where negotiators were working on specific issues. "

"WIPO set up a system of open and transparent structured stakeholder input, including published reports and summaries of stakeholder working groups composed of commercial and non-commercial interests alike."

"Transparency in WIPO continued through the final days of intense, often all night, negotiations in the final diplomatic conference. When negotiators reached a new breakthrough on the language concerning the controversial “3-step test” limiting uses of limitations and exceptions in national laws, that news was released to the public (enabling public news stories on it), along with the draft text of the agreement."

This clearly shows how complete transparency is possible, and that negotiations can not only proceed under these conditions, but reach successful conclusions.

3. Please explain how, in your view, greater transparency might affect the outcome of the negotiations.

Real transparency - for example, by publishing all tabled documents - would have a profoundly important impact, since it would offer hope that any final agreement would enjoy public support. Without transparency, TTIP will simply be a secret deal among insiders, imposed from above, rather than any legitimate instrument of democracy.

TAFTA/TTIP: What Price Transparency?

One of the key problems with TAFTA/TTIP is the same one that plagued ACTA and has recently been highlighted with TPP: the complete lack of any meaningful transparency. However much the negotiators may claim that transparency is important to them, there's no evidence to support that view. Or perhaps the politicians think the existence of conferences like one being held in Brussels next January provide enough opportunities for anyone who wants to convey their views to the EU's Chief Negotiator, say. He'll be attending, along with several other senior European Commission officials, according to the program. 

On Techdirt.

Australian Government Announces Rare Public Consultation On TPP -- Then Bans All Journalists From Attending

As Techdirt has noted many times, the TPP negotiations -- like ACTA before them and now TAFTA/TTIP -- are distinguished by an almost complete lack of transparency. That makes the rare opportunities offered by governments participating in TPP to find out more, particularly valuable and important. Here's one announced recently by the Australian government: 

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TTIP Update IV

One of the key issues during the ACTA negotiations was transparency - or rather the lack of it. Despite a few token gestures from the European Commission initially, TAFTA/TTIP looks like it will be just as bad. Here's a rather cheap trick the negotiators have just played:

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We've been reporting for several years about the extraordinary levels of secrecy surrounding the TPP negotiations, where little information was released about what was going on, and there were few opportunities for representatives of civic and other groups to meet with negotiators to present their point of view. More recently, there have been some indications that this lack of transparency is fuelling increasing discontent among some of the participating nations. 

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When Transparency Is A Matter Of Life And Death

Against a background of the leaks about NSA spying, transparency -- or lack of it -- is a hot topic at the moment. But there are situations where it can be even more important than just a matter of enhancing confidence in government actions and acting as a check on them, as this Wired story about Middle East Respiratory Syndrome (MERS) makes clear: 

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Discontent With Secrecy And One-Sided Nature Of TPP Spreads Among Participating Nations

Last week Mike wrote how frustration at the unremitting secrecy surrounding TPP, and the refusal to allow members of the public in whose name it is being negotiated to express their views, has led to the creation of a new participatory Web site by the "Fair Deal Coalition." Many of the best-known groups fighting for more balanced copyright laws in the US, Canada, Australia and New Zealand have signed up, including Techdirt. 

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Digital Economy Act Lurches On; Public Still Shut Out

Remember the Digital Economy Act, surely one of the most disgraceful episodes in recent British political history? It was "passed" back 2010 - I use inverted commas, since it was actually rammed through an almost empty House of Commons in the guttering hours of the previous government, with no scrutiny, riding roughshod over all those pointing out it was both unjust and unworkable.

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EU Commission Sued For Refusing To Reveal Trade Agreement Documents They Shared With Lobbyists

A recurrent theme here on Techdirt is the lack of transparency when international agreements and treaties are being drawn up. That's increasingly recognized not just as problematic, but simply unacceptable in an age when the Internet makes it easy to provide both access to draft documents and a way for the public to offer comments on them. 

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US Demands Transparency Everywhere -- But Only From Everyone Else

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Last Chance: Consultation on Net Neutrality in EU

Back in July, I wrote about a consultation on net neutrality from the EU, entitled On-line public consultation on "specific aspects of transparency, traffic management and switching in an Open Internet". Just to remind you, here's the background:

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German Gov't Inadvertently Reveals Police Monitor Gmail, Skype, Facebook & Use Snooping Malware

Transparency is worth having for itself, since governments often tend to behave a little better when they know that someone is watching. But occasionally, requests for data turn up something big and totally unexpected because someone failed to notice quite what the information provided implies. 

On Techdirt. 

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A recurrent theme here on Techdirt is the persistent lack of transparency during the drafting of new laws or the negotiation of new treaties. Most governments, it seems, retain the view that they know best, that the electorate shouldn't worry about all those tiresome details being discussed in secret backroom negotiations, and that since the public will be able to see the result once it's all finished, what's the problem? 

On Techdirt.

Declaration on Parliamentary Openness

An increasing number of Open Enterprise posts are about moves to open up government in myriad ways. That's not really surprising, since open source clearly is a perfect match for public administrations, as are open standards, and open data is a natural outgrowth of software openness. 

On Open Enterprise blog.

Unhappy With Even Minimal Scrutiny, US Removes Last Pretense Of TPP Transparency

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On Techdirt.