Using treaties to lock in DMCA enforcement

[Dave Farber <dave () farber net>]

: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 


------ End of Forwarded Message

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