[IP] Using treaties to lock in DMCA enforcement

[Dave Farber <dave@farber.net>]

Title: Using treaties to lock in DMCA enforcement

:tippie more on 
------ Forwarded Message
From: "Baker, Stewart" <SBaker@steptoe.com>
Date: Tue, 20 May 2003 18:48:01 -0400
To: "'dave@farber.net'" <dave@farber.net>
Cc: "Albertazzie, Sally" <SAlbertazzie@steptoe.com>
Subject: RE: [IP] Using treaties to lock in DMCA enforcement

Dave, 

This message makes a fair point about the lock-in effect of the Singapore FTA.  But the constitutional point is wrong.  If the DMCA is unconstitutional as written, adding the FTA to the mix won't prevent the courts from saying so.  If a treaty promises that the US will do something it can't constitutionally do (squelch free speech, say), the courts will refuse to give effect to the treaty and to the implementing legislation.  Courts are reluctant to interfere in international relations, but they're not forbidden to do so.

Stewart Baker 


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