A new leak exposes US attempts
to boost mega-corporations by undermining privacy rights and internet
freedoms through the top-secret TISA trade deal.
On Wednesday, the Associated Whistleblowing Press published a new leak
revealing US attempts to undermine privacy rights, net neutrality and
internet freedoms through top-secret negotiations over the little-known Trade in Services Agreement
(TISA). Even a quick glance at the leaked document is already extremely
revealing. At the top of its front page, in capital letters, the word
CONFIDENTIAL is highlighted — and further down the full extent of the
treaty’s secret nature is revealed: “Declassify on five years from entry
into force of the TISA agreement.”
A
full reading and understanding of the text, however, not only explains
these harsh terms, but makes them necessary. Because what government
would tell its citizens, explicitly, that they are opening the door for
mega-corporations to take control of their public services? What company
would clearly inform its customers that their private data will be
handed over to foreign entities without any restrictions? In the case of
TISA, when the players involved include the US, the EU and more than
twenty other countries — together making up almost 70% of the world
services market — the answers are painfully obvious.
As
Rosa Pavanelli, General Secretary of Public Services International (a
global federation of unions that represents over 200 million workers,
and one of the most active voices against TISA) puts it: “the leaked
documents confirm our worst fears: that TISA is being used to further
the interests of some of the largest corporations on earth.” These
interests, of course, are directly opposed to those of most of the world
population.
Where did TISA come from?
To
understand the nature of the treaty, we have to go back to 2001, when
the Doha rounds of the World Trade Organization intended to tear down
all barriers and limitations to global commerce. After the failure of
these negotiations and other similar treaties — such as ALCA — the
global powers began the process of signing bilateral and multilateral
treaties to achieve their goals. The objective is always the same: to
open up all possible services to international competition on a
minimally regulated market.
The
global financial crisis of 2008, however, forced a drastic change of
plans, and there were even a couple of important voices that timidly
spoke out against the deregulatory trend they believed had sparked the
crisis. At this point, the big fish behind this trend of market
liberalization — the United States, Canada, the European Union and
Switzerland — conceded, if only for a while.
But
now that the smoke has cleared these same countries and the powerful
business lobbies behind them — who actually call themselves ‘Really Good
Friends of Services’ and who claim that there is no connection between
market deregulation and the global financial crisis — are planning to
bypass public concerns through secrecy and completely liberalize up to
70% of all services worldwide, even those related to our personal
privacy.
“The end of privacy as we know it”
All
of this is why, for now, the little information we have about TISA has
come to us through a set of carefully leaked documents. The first time
the public caught a glimpse of what was happening between negotiators in
Geneva was thanks to Wikileaks,
who published a chapter on finance last June, revealing that these
global powers were well on their way to achieve their plans for further
deregulation by the time public concern had diminished.
The
new documents — technically referred to as the United States’ Proposal
of New Provisions Applicable to All Services and the Annex of
Professional Services — shed a whole new light on the scope of the
treaty: legal services, private education, veterinary care, taxation
services and even bookkeeping are all on the table, as well as technical
services such as internet providers, electronic transactions, digital
signatures and Big Data flow.
This
last point, relating to the movement of information, is particularly
serious. Article X.4 states that “no party may prevent a service
supplier of another Party from transferring, accessing, processing or
storing information, including personal information, within or outside
the Party’s territory, where such activity is carried out in conduct of
the service supplier’s business.” According to lawyer Josep Jover,
an expert in intellectual property, this spells “the end of privacy as
we know it,” as “the consumer becomes fuel for the services provider.”
On
this issue, Rosa Pavanelli is once again crystal clear: “Negotiation of
unrestricted data movement, internet neutrality and how electronic
signatures can be used strike at the heart of individual rights …
Negotiating provisions that potentially circumvent privacy laws in the
interests of corporate profits is a scandal. The TISA negotiators have
now lost the confidence of the public and can only regain it with the
immediate release of all documents.”
Now
that we know that this is probably just wishful thinking, we can only
hope that the leaks keep on coming — and the public resistance to this
highly secretive trade deal keeps on growing.
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