Building Effective Alliances around the Trans-Pacific Partnership Agreement

January 14, 2014 § Leave a comment

My talk on building activism around the TPP at LinuxConf 2013 is now online – thanks to the AV team for all of their hard work, and for catching me to re-record the talk when they discovered the first recording had gone awry. You can listen to the full talk here [mp4 on the linux site] [or watch on YouTube], and a truncated version of the first version of the talk I gave, mostly notable for catching some good discussion in the questions (which begin a few minutes in – look for the slide that just has my name and contacts on it), here [mp4].

Abstract: This presentation suggests a variety of strategies and tactics that the Linux community might adopt when acting on political issues, with the Trans Pacific Partnership Agreement (TPPA) being of particular concern at the moment. The TPPA is a multinational free trade agreement (FTA), and will probably build on and extend the damaging provisions imposed by the 2004 Australia-US FTA. The extent of damage likely to be done by the TPPA is not yet known, as only draft copies have been leaked and the negotiations remain secret.

Currently, free and open source communities often find ways deal with problematic laws, such as the copyright extensions and restrictions on circumventing technological restrictions brought in by the 2004 Australia-US FTA, with clever hacks of the legal system (such as copyleft and creative commons licenses); workarounds which meet the letter of the law (such as providing Linux installations without potentially-illegal codecs); or ignoring laws which seem unlikely to be enforced. However, all of these strategies have problems. Hacks can only go so far; relying on a lack of enforcement is risky; and workarounds make free and open source software less accessible for novice users and others who would prefer software that works out of the box. Part of the work of promoting free and open source software must therefore involve activism that is directly aimed at the TPPA and other FTAs.

Important activism did take place around the 2004 Australia-US FTA, including work within Linux Australia led by Rusty Russell, Kimberlee Weatherall and others. Much of this took a similar form to activism currently happening around the TPPA: the focus has been on lobbying, letter-writing, and media relations. Coalition-building and other activism around the TPPA, as with the 2004 FTA, has predominantly taken place within tech communities. However, while this work has been valuable, it may be useful to explore ways to build alliances with other communities and to draw on a broader range of activist tactics. This discussion will draw on some of the lessons learned from relatively successful attempts to oppose FTAs in the past, including protests in the late 1990s around the Multilateral Agreement on Investment and World Trade Organization negotiations, as well more recent FTAs such as those between the US and Malaysia and the Free Trade Area of the Americas proposed by the US. Drawing on this work, I will suggest tactics for effective action, including use of a spectrum of allies model, organizational models which facilitate tiered levels of participation, and creative use of the Overton window. I will also outline some of the key groups opposing the TPPA outside of the tech community in both Australia and the US.

Many thanks go to Rusty Russell, Brendan Molloy, and Nathalie Latter for their help preparing the talk.

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