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EFF
Fifty leading U.S. legal scholars cast fresh doubt on the constitutionality of the Anti-Counterfeiting Trade Agreement in an open letter to the Senate Finance Committee today. (Press Release). At issue is whether the Office of the United States Trade Representative (USTR) had authority to enter into the controversial IP enforcement agreement on behalf of the United States when the Deputy U.S. Trade Ambassador signed ACTA in October 2011.
The law professors say no, and call on the Senators to “exercise your constitutional responsibility to ensure that the Anti-Counterfeiting Trade Agreement (ACTA) is submitted to the Senate for approval as an Article II treaty, or to the Congress as an ex-post Congressional-Executive Agreement.”
We, too, have wondered about the USTR’s authority to enter into this agreement. That’s why we made a request under the U.S. Freedom of Information Act to the State Department in February for key documents that set out the State Department’s analysis of the constitutional basis for ACTA – the “Circular 175” memorandum, and the accompanying Memorandum of Law.











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