Noting the ACTA is being negotiated as an “executive agreement” because “it is not intended to impact U.S. law, but that “some experts outside of government are raising concerns that the ACTA text is contrary to U.S. law and its application or would present a barrier to changes in U.S. law in the area of reform to damages for patents, or access to orphaned copyrighted works,” Senator Wyden has asked in an October 8, 2010 letter (link here) that the American Law Division of the Congressional Research Service of the Library of Congress undertake and provide to Congress:
“a written, independent determination of whether the commitments put forward in the agreement diverge from our domestic laws or would impeded legislative efforts that are currently underway. I ask the Division pay particular attention to the provisions relating to injunctions, damages, and intermediary liability.”
For additional discussion, see Areas where the Oct 2, 2010 ACTA text is inconsistent with U.S. law