My collection of thoughs and whispers from everywhere

Part of my journey in second life, an off-world collection of articles.

Anti-counterfeiting Trade Agreement (ACTA)

ACTAThe proposed Anti-counterfeiting Trade Agreement (ACTA) that would change global norms for the enforcement of intellectual property rights is shrouded in secrecy.
What’s all about?
In order to benefit from the safe harbors, ISPs may have to provide new clauses in consumer contracts, to stop non authorized uses. The EU believes there some space for a “graduated response” (which goes further than the DMCA), sometimes better known as “three strikes and you’re out”. Yes, the EU is referring to, three strikes and they pull the plug, you’re not on the Internet… Details? No. That’s still a secret.

On the international front, it provides firm confirmation that the treaty is not a counterfeiting trade, but a copyright treaty. These provisions involve copyright policy as no reasonable definition of counterfeiting would include these kinds of provisions.

More interesting articles can be readed here:

  • http://www.eff.org/issues/acta
  • While little information has been made available by the governments negotiating ACTA, a document recently leaked to the public entitled “Discussion Paper on a Possible Anti-counterfeiting Trade Agreement” from an unknown source gives an indication of what content industry rightsholder groups appear to be asking for – including new legal regimes to “encourage ISPs to cooperate with right holders in the removal of infringing material”, criminal measures, and increased border search powers. The Discussion Paper leaves open how Internet Service Providers should be encouraged to identify and remove allegedly infringing material from the Internet. However the same industry rightsholder groups that support the creation of ACTA have also called for mandatory network-level filtering by Internet Service Providers and for Internet Service Providers to terminate citizens’ Internet connection on repeat allegation of copyright infringement (the “Three Strikes” /Graduated Response), so there is reason to believe that ACTA will seek to increase intermediary liability and require these things of Internet Service Providers. While mandating copyright filtering by ISPs will not be technologically effective because it can be defeated by use of encryption, efforts to introduce network level filtering will likely involve deep packet inspection of citizens’ Internet communications. This raises considerable concerns for citizens’ civil liberties and privacy rights, and the future of Internet innovation.
  • http://www.michaelgeist.ca/index.php
  • The Anti-Counterfeiting Trade Agreement negotiations continue in a few hours as Seoul, Korea plays host to the latest round of talks.  The governments have posted the meeting agenda, which unsurprisingly focuses on the issue of Internet enforcement [UPDATE 11/4: Post on discussions for day two of ACTA talks, including the criminal enforcement provisions].  The United States has drafted the chapter under enormous secrecy, with selected groups granted access under strict non-disclosure agreements and other countries (including Canada) given physical, watermarked copies designed to guard against leaks.
  • http://www.eff.org/deeplinks/2009/11/leaked-acta-internet-provisions-three-strikes-and-
  • Negotiations on the highly controversial Anti-Counterfeiting Trade Agreement start in a few hours in Seoul, South Korea. This week’s closed negotiations will focus on “enforcement in the digital environment.” Negotiators will be discussing the Internet provisions drafted by the US government. No text has been officially released but as Professor Michael Geist and IDG are reporting, leaks have surfaced. The leaks confirm everything that we feared about the secret ACTA negotiations. The Internet provisions have nothing to do with addressing counterfeit products, but are all about imposing a set of copyright industry demands on the global Internet, including obligations on ISPs to adopt Three Strikes Internet disconnection policies, and a global expansion of DMCA-style TPM laws.
  • Also great coverage of what this means for other countries: Cory Doctorow at Boing Boing; Michael Geist (Canada); Kim Weatherall at LawFont here and here and Electronic Frontiers Australia (Australia); and InternetNZ (New Zealand).
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November 5, 2009 - Posted by | 1, Interesting | , , , , , , ,

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