Lawyer promises to lift the lid on Hollywood's 'sordid workings'

File photo / NZ Herald

An international trade lawyer is warning that the US could block any benefits from a free trade agreement unless New Zealand complies with its agreed commitments -- made in writing or even verbally.

Bob Amsterdam promises to lift the lid on the "sordid workings of Hollywood" tonight as he joins Kim Dotcom and journalist Glenn Greenwald for what is billed as The Moment of Truth at the Auckland Town Hall.

He told the Herald that Hollywood uses trade agreements to impose American expectations in the domestic laws of other countries -- and New Zealand should be very wary of this as it negotiates the Trans-Pacific Partnership Agreement.

The agreement is a proposed regional free trade agreement between 12 countries, including the US and New Zealand. It has been criticised because negotiations have taken place behind closed doors, though leaked details have emerged that critics say could threaten New Zealand's sovereignty.

Mr Amsterdam said that the US Congress can veto any trade benefits or even impose sanctions if the Office of the US Trade Representative (USTR) finds that a country has not met US expectations.

"One of the things New Zealanders need to get is how Washington is extra-territorially legislating through trade agreements. There is a process called certification that really provides American lobbyists as well as the US congress with, essentially, a slice of New Zealand sovereignty.

"And the language of the certification is not just what New Zealand agreed to (in writing), it's also anything that was said verbally that the US believes New Zealand agreed to. This is law on the books in the US that New Zealand would need to pass through." He said the free trade deal between the US and Guatemala was revealing.

"The Guatemalans allegedly offered to do something [in relation to biologics] within three years, but they didn't put it in writing, and the US essentially told them that they gave that undertaking, and they're holding them to it." He noted that New Zealand legislators had resisted Hollywood lobbying to reduce the $25 fee for an infringement notice under the three strikes anti-piracy law.

"But once you get the TPP, you'll be adopting essentially the US legislation through the intellectual property chapter." Hollywood studios heavily lobby the USTR, he said.

"It's pretty clear that Hollywood is literally writing the reports of the US Trade Representative. They can ensure the money they've donated to those Congressmen is sure as hell paid for by making sure New Zealand can't step up to those trade benefits until it's certified."

Mr Amsterdam, who is helping Kim Dotcom with his legal battles over copyright issues, said the secrecy around the TPP negotiations was "anti-democratic".

He said there were situations where piracy of music or movies was wrong.

"There are situations where downloading can occur in a way where civil remedies should be pursued. But do I think young people should be criminalised if that goes on? Absolutely not. Do I think the levels of piracy are anywhere near like what the studios are saying? Absolutely not."