Ed Brayton is a freelance writer and speaker. He is the co-founder and president of 
You may recall that a few weeks ago the Office of the US Trade Representative announced that they had reached an agreement with the European Union, Canada and Japan in the ongoing World Trade Organization dispute over our ban on online gambling. Analysts estimate that the arrangement will cost American taxpayers tens of billions of dollars in compensation payments to those other nations, but the USTR refused to release the actual text of the agreement so we could find out how much of our money they're spending to indulge their authoritarian fantasies.
I immediately filed a Freedom of Information Act request for a copy of the agreement and, predictably, the USTR is denying that request. And just in case you thought this administration had hit rock bottom on making dishonest and mendacious arguments to maintain the secrecy of their actions in contravention of Federal law, let me disabuse you of that notion by reprinting the letter I received today:
Dear Mr. Brayton:This is USTR's response to your request for "a copy of the full text of the settlement between the USTR and the European Union regarding America's online gambling laws", under the Freedom of Information Act.
Please be advised that the document you seek is being withheld in full pursuant to 5 U.S.C. ยง 552(b)(1), which pertains to information that is properly classified in the interest of national security pursuant to Executive Order 12958.
Inasmuch as this constitutes a complete grant of your request, I am closing your file in this office. In the event you are dissatisfied with USTR's determination, you may appeal such a denial, within thirty (30) days, in writing...
Yes, they are actually claiming that this document, which has nothing even remotely do to with anything that could conceivably, in Dick Cheney's wildest imagination, have anything to do with national security, has been properly classified. Americans, according to this administration, have no right to know how many billions of our tax dollars they've spent with no legislative authorization whatsoever in order to buy the cooperation of other nations and allow them to continue to violate the rights of American adults by preventing them from gambling in the privacy of their own home.
Yes, I will be filing an appeal immediately, and I will be filing a lawsuit if that appeal fails to restore some sanity to the situation. They've got me pissed off now.
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Comments
Go get 'em, Tiger!
Seriously.
Posted by: David C. Brayton | February 5, 2008 10:37 AM
This administration hides behind the veil of national security all too often. I'm glad you're appealing this blatantly vacuous denial.
Posted by: Shadowin | February 5, 2008 10:41 AM
Since it was an agreement with the European Union, Canada, etc., I wonder if you could get a copy via one of those other governments. Maybe you have a Canadian reader (or elsewhere) who would know how to go about it.
Of course, that doesn't address your justified anger at this sort of utter idiocy/arrogance.
Good luck!
Posted by: Ahcuah | February 5, 2008 10:57 AM
My first thought was, "This should be in the news." But really, this is only the latest in a long line of anti-Constitutional, unlawful proclamations that should consume our news cycle. Ed, I recommend taping your letter to Britney Spears' rear end. Its lack of coverage would enable all the coverage this issue needs.
-TTm
Posted by: Ticktockman | February 5, 2008 11:14 AM
A Canucklehead private citizen here. I've never filed a FOI request with our government, but if you don't get a real journalist or someone with experience in FOI requests volunteering from our side of the border, I'd be willing to learn how...
Posted by: Philip T | February 5, 2008 11:41 AM
I think it's gotten to the point that this administration believes that ALL of its activities are secret by default, unless they explicitly declare otherwise.
It's the inevitable result of the insanity of this administration, one that has long forgotten that THEY serve US.
Posted by: Patrick | February 5, 2008 12:46 PM
Hey, Ed, is there any way you could ask the EU for their copy of the understanding?
Posted by: Elf M. Sternberg | February 5, 2008 1:13 PM
Another example of Bushco lunacy:
The number of ICBMs held by the US and USSR during the Cold War was open info available to anyone for over 20 years. Our VP had it classified.
Go for it Ed. Keep us posted on where you get. I, for one, am thoroughly sickened by any administration telling me that info is being kept from the public discourse because it threatens mnational security, when in fact the info just shows how completely bereft of logical thought our administration is. Take them to task, spell out how it is done and shows us how to do it - if/when we come up against the same thing, at least we'll have a bit of a primer on how to navigate the labyrinth ourselves in trying to get to the truth.
Posted by: Pineyman | February 5, 2008 1:19 PM
Good luck; give 'em hell. And asking the EU sounds like a good idea, actually...if they don't have it classified, then it makes the US government's action look that much more bizarre.
Posted by: MRL | February 5, 2008 1:39 PM
I have no idea how to request such a document from Canada or the EU. If any of my readers live there and could do so, that would be much appreciated.
Posted by: Ed Brayton | February 5, 2008 1:51 PM
Go Ed! :)
Posted by: Coin | February 5, 2008 2:25 PM
I'm behind you Ed! I seldom gamble and have never done so online but if I ever wanted to I wouldn't want people to tell me I can't. It's MY money and I'll abuse it if I want to!
Posted by: llDayo | February 5, 2008 3:05 PM
"On 21 June 2007, Antigua and Barbuda requested authorization from the DSB, pursuant to Article 22.2 of the DSU, to suspend the application to the United States of concessions and related obligatins of Antigua and Barbuda under the GATS and the TRIPS Agreement. On 23 July 2007, the United States (i) objected to the level of suspension of concessions and obligations proposed by Antigua and Barbuda and (ii) claimed that Antigua and Barbuda's proposal does not follow the principles and procedures set forth in Article 22.3 of the DSU. At its meeting on 24 July 2007, the DSB agreed that the matter had been referred to arbitration as required under Article 22.6 of the DSU. On 21 December 2007, the decision by the Arbitrator was circulated to Members. The Arbitrator determined that the annual level of nullification or impairments of benefits accruing to Antigua is US$21 million and that Antigua may request authorization from the DSB to suspend obligations under the TRIPS Agreement at a level not exceeding US$21 million annually."
http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds285_e.htm
Looks like you will pay 21M$ pa to Antigua
Posted by: stephenk | February 5, 2008 4:16 PM
That's awesome your going after this.
Posted by: Ben L. | February 5, 2008 4:28 PM
I am the President of the United States of America. As this great nation's leader, I am the embodiment of this country in the eyes of the world. Anything that reflects negatively on me reflects negatively on the nation as a whole. This weakens our standing in the world community and emboldens our enemies, making us more vulnerable. Therefore, given the very high probability that any given decision we make will be really dumb, my actions and those of my administration should be considered maters of national security.
Posted by: W | February 5, 2008 4:42 PM
stephenk,
That's for Antigua which I think went to WTO arbitration. I don't think EU and Japan went to arbitration. They settled it and that agreement is secret. I guess we've already paid 21 million dollars to Antigua. That's a stupid waste of money, but in the grand scheme of things, not a very large sum. Japan and Europe, however, are likely to bring some big big penalties.
Posted by: TanGeng | February 5, 2008 5:01 PM
Ed,
Maybe the government decided to sell those governments some of our top secret military technology or something. I can only speculate as to what might even possibly be considered national security considerations.
But there is no good conclusion to take away from this experience. They either are just trying to throw down some bureaucratic roadblocks to high how much the penalty is, or even worse, the gambling ban DID somehow affect our national security. To allow something like gambling to affect national security is really incompetent.
Anyways keep up the good work. Pursue this to its end.
This is crazy.
Posted by: TanGeng | February 5, 2008 5:06 PM
RE: stephenk,
That's for Antigua which I think went to WTO arbitration. I don't think EU and Japan went to arbitration. They settled it and that agreement is secret. I guess we've already paid 21 million dollars to Antigua. That's a stupid waste of money, but in the grand scheme of things, not a very large sum. Japan and Europe, however, are likely to bring some big big penalties................
No, our government has NOT paid Antigua an actually cannot ever pay them. The sanctions are IP Property Rights, they are allowed to violate against PRIVATE American Companies / Artist and such.
So, some U. S. company or music artists will be paying by NOT receiving 21 million in royalties due for material sold, Bush et al could really care less.
They will just have congress pass legislation granting tax breaks enough to compensate them.
FYI: 21 million in lost profits @ 25% tax = 84 MILLION in tax breaks, gotta have them brek even.
Then of course comes the withdrawal deal that will run in the billions with the EU, Canada, Japan, same there.
Example = 5 billion in trade deals to equalize to lost income = 20 MORE billion in tax breaks.
THIS is what we need (and I am) writing my Senator about.
BTW, that 25 billion = a tad over 80.00 PER citizen based on 310 million people citizens.
obg
Posted by: OldBookGuy | February 5, 2008 6:35 PM
TanGeng,
on the page referred to EU et al are referred to as third parties. If Antigua (a tiny island of a few 10,000s) can get 21M$ (per year), I think it confirms those third parties must be getting a considerable amount more.
OldBookGuy,
I wasn't aware of the "payment" method. Makes a sort of sense of "up to 21M$" in the wording. What a mess though.
Posted by: stephenk | February 5, 2008 9:13 PM
HEY fuck face .. yeah you the retard moron TRYING to control : OUR LIFE!!!!!!!!!!
ohh ok...... you need a breakdown.,, : okay fine dumbfuck.....lets use 123456789!0
1: umm .. I worked my fuckin ass off for my pay cheak
2: ...yeah... I'm not retarded.... I fuckin KNEW your JaWS were in my thigh. Fuck you
Posted by: whothefuckcares | February 6, 2008 2:46 AM
someone call the mental institute, one of their patients got on a computer early this morning and they may need to check their security.
Posted by: Scott Reese | February 6, 2008 9:06 AM
"I have no idea how to request such a document from Canada or the EU. If any of my readers live there and could do so, that would be much appreciated."
Hi Ed,
I'm at work right now, so I can't wade through all the provisions of our Canadian Access To Informtiona Act. But I've bookmarked the websites and printed off the request form.
I do note the government is allowed to refuse the request if (among other reasons), they believe the information will be printed and made public by another department within 90 days. Given the way our government let the US administration bend us over and bone us with the NAFTA softwood lumber situation, I wonder if Ottawa will want to shout a triumph like this win on gambling from the rooftops...
Posted by: Philip T | February 6, 2008 1:03 PM
How does gambling equate with national security? Easy--Bush has been gambling with our national security for 7 years now.
Posted by: James Hanley | February 6, 2008 10:18 PM
Has anyone considered that online casinos are an easy way to move significant amounts of money and avoiding the banking laws that regulates transfers of cash to and from the country? Do you think organizations like Hezbollah might start their own online casino (think minimal start up cost) and award money to preferred customers to get money into this country which is currently fairly hard to do? While it certainly seems like an infringement and heaven knows I don't trust either side of the aisle these days, there's more to the story than a simple the administration's insanity or incompetence.
Posted by: Knowing what I don't know | February 25, 2008 7:47 PM
Knowing what I don't know wrote:
Certainly. All the more reason to have such casinos legally regulated so that there can be safeguards in place to prevent this from happening rather than having them run outside our ability to monitor and regulate them.
Again, this is precisely why it is important to have such businesses go through licensing and regulation, so that you can know who owns it, who makes the money and how they make it. You can only regulate such things in an actual market, not a black market.
Posted by: Ed Brayton | February 25, 2008 9:31 PM
Seems like the agreements with Canada, the EU, and Japan are analagous to an "out of court" settlement, the details of which are often not publicized. Makes me wonder about a more general case: a government agency is sued and settles out of court. Are the details of the settlement a matter of public record? I figure tax dollars are going to be involved most of the time.
I understand this does not address the question of what the agreements with Japan, Canada, and the EU have to do with national security.
I began reading Executive Order 12958 and quickly decided I couldn't figure out whether classification of the agreements was in fact authorized the Order.
Posted by: Larry | March 3, 2008 9:54 AM
I think you have a winning case. Show W not to make a joke out of FOIA.
Posted by: Roger D | March 7, 2008 4:05 PM