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Something we commonly hear when the United States Trade Representative or others are negotiating "trade" agreements is that, to the extent that these agreements mention other areas of law or policy--such as copyright law--they are "consistent" with it. "Who could object," we are asked, "to simply restating what the law already is?"
The first problem with this is that such agreements don't just restate the law--they can freeze it in place. It is politically more difficult for Congress to pass a law if there's an argument (even a wrong one) that doing so would take us out of "compliance" with a trade agreement. If trade negotiators want to freeze US law in place they should explain that is what they are doing and not frame the issue as a technical one without real consequences.