Professor Ben Gershman was quoted in Tech Week Europe on the constitutionality of the recent Anti-Counterfeiting Trade Agreement (ACTA) signed by President Obama.
ACTA, a treaty negotiated by the U.S. Trade Representative and signed as an executive agreement, creates an international organization that will censor the Internet similar to proposals in the recently-shelved SOPA bill. The text of the agreement has remained private and few lawyers outside of Washington have read it. According to reports from those who have, the treaty is so vague that the powers granted to the organization are unclear.
Since the treaty has not been ratified by Congress, it is unclear if it satisfies constitutional requirements that all treaties must adhere to. In the article, Professor Ben Gershman claims that ACTA may not be legal. He says, “There’s strong agreement that executive agreements are a fraudulent means of avoiding congressional requirements.”