IP: Asked my lawyer about this Treaties

[David Farber <dave () farber net>]

> To: dave () farber net
> Subject: Asked my lawyer about this
> Date: Fri, 22 Jun 2001 15:49:58 -0400
> From: G B Reilly <reilly () sec com>
>
>
> Date: Fri, 22 Jun 2001 15:42:26 -0400
> From: "M. Edward Danberg" <Med () cblhlaw com>
> To: <reilly () sec com>
> Subject: Re: See last message, do treaties need Senate Approval
>
>
> Treaties need Senate approval to be considered law in the U.S.  Note that
> the Constitution places treaties on the same level as the U.S. Constitution
> - the highest law in the land.  This means that a treaty can over-ride a
> statute on the same subject (I always found this strange, since a statute
> requires approval of the House as well as the Senate and a treaty does not).
>
> Whatever, the writer is correct that if other nations adopt the treaty, it
> could have a significant effect here, even without approval.  For example,
> if a ISP can be held responsible in France for transmitting Nazi items or
> even speech, it is quite possible for that judgment to result in a U.S.
> Federal Court order to enforce it.
>
> Any international trade agreement by its nature will diminish national
> sovereignty to some degree, and there is nothing inherently wrong with
> that.  The key is to do so knowingly, not by accident.
>
> You have permission to distribute this message.



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