Inside US Trade reports that Stan McCoy says USTR has not ruled out issuing a signing statement with ACTA: “We certainly don’t exclude the idea of issuing some kind of statement in connection with the signing,” McCoy told Inside U.S. Trade on March 4. “As to what specifically it should say, we’re studying all the suggestions we’ve received and we’ll think that through in connection with the process.”
USTR is currently reviewing comments it received in February, and many of which ask for a signing statement or other assurance that ACTA will not be implemented in a way that conflicts with US law. For instance:
Excerpt from Tech America Comment:
TechAmerica respectfully requests that the USTR make clear, via a Presidential “signing statement” or otherwise, that ACTA should not be interpreted to alter or be inconsistent with U.S. trademark and copyright law as currently constituted, including the delicate balances struck in the Digital Millennium Copyright Act (“DMCA”), especially Section 512 of the DMCA, which provides for important limitations, exceptions, and obligations for service providers operating in the digital environment. While not perfect, Section 512 of the DMCA has facilitated a wealth of Internet innovation and the U.S. should ensure that such policies are respected abroad, as the USTR has prudently done via the Korea-U.S. Free Trade Agreement.
Excerpt from United Steelworkers Comment:
It is our understanding that ACTA will not apply to US patnet law and that the Administration will affirm that understanding. As drafted, certain lanugage in the ACTA, which we understand was included at the insistence of other parties to the agreement, could be misinterpreted by some as inconsistnet with US law. b Clarifying this issue is very important and it is essential that the Administration makes clear that the proposed agreement does not apllyu to US patent law.”
Excerpt from the Computer and Communications Industry Association Comments:
As CCIA presently interprets ACTA, it does not conflict with U.S. domestic law. It is vital, however, that the Administration’s signing statement confirm that ACTA is consistent with U.S. law and does not require the imposition of liability on information, Internet and technology, or communications companies who are not directly engaged in counterfeiting or copyright infringement.