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''[[The Times]]'' has quoted an unnamed British research study which found that [[iPod]]s owned by persons aged 14 to 24 today contain an average of more than 840 tracks downloaded on file-sharing networks, nearly fifty percent of all music possessed by this segment.<ref name="Times Online">{{cite web |title=Average teenager's iPod has 800 illegal music tracks |publisher=Times|url=http://technology.timesonline.co.uk/tol/news/tech_and_web/personal_tech/article4144585.ece |accessdate=2008-07-05 | location=London}}</ref> The same study also found that 95% of individuals falling under this category have copied music in some way.<ref name="Times Online" /> Thus, some critics argue that ACTA directly criminalizes ordinary consumer activity.<ref name="IP Justice">{{cite web |title=IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) |publisher=IPJustice.org |url=http://ipjustice.org/wp/2008/03/25/ipj-white-paper-acta-2008/ |accessdate=2008-07-05}}</ref><ref name="ZDNet">{{cite web |title=Students (unaware/don’t care) about music legalities |publisher=ZDNet |url=http://blogs.zdnet.com/igeneration/?p=217 |accessdate=2008-07-05}}</ref><ref name="ZDNet2">{{cite web |title=Piracy as a social phenomenon&nbsp;– It's not about the $ |publisher=ZDNet |url=http://education.zdnet.com/?p=1050&tag=btxcsim |accessdate=2008-07-05}}</ref>
''[[The Times]]'' has quoted an unnamed British research study which found that [[iPod]]s owned by persons aged 14 to 24 today contain an average of more than 840 tracks downloaded on file-sharing networks, nearly fifty percent of all music possessed by this segment.<ref name="Times Online">{{cite web |title=Average teenager's iPod has 800 illegal music tracks |publisher=Times|url=http://technology.timesonline.co.uk/tol/news/tech_and_web/personal_tech/article4144585.ece |accessdate=2008-07-05 | location=London}}</ref> The same study also found that 95% of individuals falling under this category have copied music in some way.<ref name="Times Online" /> Thus, some critics argue that ACTA directly criminalizes ordinary consumer activity.<ref name="IP Justice">{{cite web |title=IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) |publisher=IPJustice.org |url=http://ipjustice.org/wp/2008/03/25/ipj-white-paper-acta-2008/ |accessdate=2008-07-05}}</ref><ref name="ZDNet">{{cite web |title=Students (unaware/don’t care) about music legalities |publisher=ZDNet |url=http://blogs.zdnet.com/igeneration/?p=217 |accessdate=2008-07-05}}</ref><ref name="ZDNet2">{{cite web |title=Piracy as a social phenomenon&nbsp;– It's not about the $ |publisher=ZDNet |url=http://education.zdnet.com/?p=1050&tag=btxcsim |accessdate=2008-07-05}}</ref>


===Threat to free software===
===Threat to Freedom===
The [[Free Software Foundation]] (FSF) has published "Speak out against ACTA", stating that the ACTA threatens free software by creating a culture "in which the freedom that is required to produce free software is seen as dangerous and threatening rather than creative, innovative, and exciting."<ref name="fsf-speak-out" /> Specifically the FSF argues that ACTA will make it more difficult and expensive to distribute free software via [[file sharing]] and [[Peer-to-peer|P2P]] technologies like [[BitTorrent (protocol)|BitTorrent]], which are currently used to distribute large amounts of free software. The FSF also argues that ACTA will make it harder for users of free operating systems to play non-free media because [[Digital rights management|DRM]] protected media would not be legally playable with free software.<ref name="fsf-speak-out" />
The [[Free Software Foundation]] (FSF) has published "Speak out against ACTA", stating that the ACTA threatens free software by creating a culture "in which the freedom that is required to produce free software is seen as dangerous and threatening rather than creative, innovative, and exciting."<ref name="fsf-speak-out" /> Specifically the FSF argues that ACTA will make it more difficult and expensive to distribute free software via [[file sharing]] and [[Peer-to-peer|P2P]] technologies like [[BitTorrent (protocol)|BitTorrent]], which are currently used to distribute large amounts of free software. The FSF also argues that ACTA will make it harder for users of free operating systems to play non-free media because [[Digital rights management|DRM]] protected media would not be legally playable with free software.<ref name="fsf-speak-out" />



Revision as of 02:22, 12 April 2010

ACTA
Anti-Counterfeiting Trade Agreement
TypeExecutive agreement
Drafted~2006 to present
(exact date unclear)
PartiesUnclear, officially as of 6th Round of Negotiation: Australia, Canada, the European Union, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, and United States

The Anti-Counterfeiting Trade Agreement (ACTA) is a proposed plurilateral trade agreement for establishing international standards on intellectual-property-rights enforcement throughout the participating countries.[1] Its proponents describe it as a response "to the increase in global trade of counterfeit goods and pirated copyright protected works."[2] The scope of ACTA is broad, including counterfeit goods, generic medicines, as well as "piracy over the Internet".[3]

A document leaked to the public in 2008 includes a provision to force Internet Service Providers (ISPs) to provide information about suspected copyright infringers without a warrant.[4] A March 2010 leak included the proposed text for this provision.[5]

The negotiations for the ACTA treaty are conducted behind closed doors and are not part of any international organization.[2] In October 2007, the USA, the European Commission, Switzerland, and Japan first announced that they would negotiate ACTA. Since then the following countries joined the negotiations: Australia, Canada, Jordan, Mexico, Morocco, New Zealand, Republic of Korea, Singapore, and United Arab Emirates.

ACTA would establish a new international legal framework that countries can join on a voluntary basis[2] and would create its own governing body outside existing international institutions such as the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO) or the United Nations.[6][7] Citing a fact sheet published by the Office of the United States Trade Representative (USTR) and the USTR's 2008 Special 301 report the Electronic Frontier Foundation (EFF) states that the goal of ACTA is to create a new standard of intellectual property enforcement beyond the existing standards in the TRIPs Agreement and to increase international cooperation, including the sharing of information between signatory countries' law enforcement agencies.[8]

According to the European Commission, the goal of ACTA is to establish an international framework that improves the enforcement of existing intellectual property right laws. The Commission states that ACTA is to create improved international standards for actions against large-scale infringements of intellectual property. To this end ACTA will have three primary components: "international cooperation"; "enforcement practices"; and "legal framework for enforcement of intellectual property rights". The "ultimate objective" of ACTA is that large emerging economies, "where intellectual property rights enforcement could be improved, such as China, Russia or Brazil, will sign up to the global pact".[9] According to New Zealand ACTA aims to facilitate a "strong and modern legal framework so that law enforcement agencies, the judiciary, and private citizens have the most up-to-date tools necessary to effectively bring counterfeiters and pirates to justice." Areas for possible ACTA provisions include: criminal enforcement, border measures, civil enforcement, optical disc piracy, and Internet distribution and information technology.[10]

Notable leaks

The negotiations for the ACTA treaty are conducted behind closed doors. A document leaked to the public in 2008 includes a provision to force Internet Service Providers (ISPs) to provide information about suspected copyright infringers without a warrant.[4]

On May 22nd 2008, a discussion paper about the proposed agreement was uploaded to Wikileaks.[11]

On March 1st 2010, a leaked document surfaced containing the "latest consolidated text 18/01/10" (January 18th 2010) of sections 2.1 and 2.4 (Civil Enforcement, and Special Measures Related To Technological Enforcement Means And The Internet) along with the demands of each negotiator.[12] This was immediately called the "biggest ever" ACTA leak.[13]

January 18th 2010 consolidated text

On March 23rd 2010, the entire "January 18th 2010 consolidated text" of ACTA was leaked.[14]

Provisions in discussion paper, November 2008

Although the treaty's title suggests that the agreement only covers counterfeit physical goods (such as medicines), the proposed treaty has a much broader scope, including "piracy over the Internet".[3] In an ACTA fact sheet published in November 2008 the European Commission stated that "There is, at this stage, no agreed text."[15] A leaked document entitled Discussion Paper on a Possible Anti-Counterfeiting Trade Agreement suggests that the following provisions will be included in ACTA: new legal regimes to "encourage ISPs to cooperate with right holders in the removal of infringing materials", criminal measures and increased border search powers.[8]

In reaction to the leaks, the European Commission issued a statement in November 2008, stating:

"The negotiations are still ongoing. This means that there is no agreement yet, and that, at the time of writing this fact sheet, there is not even a draft text on which negotiating parties converge. A number of "texts", wrongly presented as draft ACTA agreements have been circulated on the web. At a preliminary stage of the discussions about the idea of a future ACTA, some of the negotiating parties have submitted concept papers, to present their initial views of the project to other partners. Some of these concept papers have been circulated on the net or commented in the press and presented as "draft ACTA texts or negotiating guidelines", which they are not."[15]

Main chapters, February 2009

Details published in February 2009 indicate that ACTA has six main chapters. Most discussion to date is focused on the "Enforcement of Intellectual Property Rights" chapter, which has four sub chapters:[3]

  1. Initial Provisions and Definitions;
  2. Enforcement of IPR;
    1. Civil Enforcement
    2. Border Measures
    3. Criminal Enforcement
    4. Intellectual Property Rights Enforcement in the Digital Environment
  3. International Cooperation;
  4. Enforcement Practices;
  5. Institutional Arrangements;
  6. Final Provisions.

ISP cooperation

The leaked document includes a provision to force Internet Service Providers (ISPs) to provide information about suspected copyright infringers without a warrant, something which many feel should not be lawful, making it easier for the record industry to sue music file sharers and for officials to shut down non-commercial BitTorrent websites such as The Pirate Bay.[4]

Institutional arrangements, Canadian proposal June 2008

In a confidential draft Canada proposed the creation of an international organization for ACTA oversight. The proposed name is ACTA Oversight Council and its functions would include:

  • supervising ACTA implementation (and also considering amendments, interpretations, and modifications)
  • establishing and delegating responsibilities to ad hoc working groups
  • assisting with resolving any disputes that may arise regarding the interpretation of application of ACTA
  • ensuring that ACTA avoids duplication of other international efforts regarding IP enforcement
  • seeking input from non-governmental persons or groups, particularly with respect to best practices in the field of intellectual property enforcement
  • endorsing best practice guidelines for implementing ACTA
  • supporting the efforts of international organizations active in the field of intellectual property enforcement
  • assisting non-Party governments with developing assessments of the benefits of accession to ACTA; and
  • adopting its own rules of procedure.[16]

Border searches

Potential border searches are covered by the "Border Measures" proposal of ACTA. As of February 2009 and according to University of Ottawa law professor Michael Geist there is significant disagreement among countries on this topic: "Some countries are seeking the minimum rules, the removal of certain clauses, and a specific provision to put to rest fears of iPod searching customs officials by excluding personal baggage that contains goods of a non-commercial nature. The U.S. is pushing for broad provisions that cover import, export, and in-transit shipments."[17]

Newspaper reports advise the proposed agreement would empower security officials at airports and other international borders to conduct random ex officio searches of laptops, MP3 players, and cellular phones for illegally downloaded or "ripped" music and movies. Travellers with infringing content would be subject to a fine and may have their devices confiscated or destroyed.[6][18]

Some countries already conduct border searches of electronic devices without probable cause. In July 2008, the United States Department of Homeland Security disclosed that its border search policies allow U.S. Customs and Border Protection agents to conduct random searches of electronic devices for "information concerning terrorism, narcotics smuggling, and other national security matters; alien admissibility; contraband including child pornography, monetary instruments, and information in violation of copyright or trademark laws; and evidence of embargo violations or other import or export control laws."[19][20] US Senator Russell Feingold called the policies "truly alarming" and proposed to introduce legislation to require reasonable suspicion of illegality and to prohibit racial profiling.[19] The Ninth Circuit Court of Appeals has previously upheld the constitutionality of laptop searches without reasonable suspicion at border crossings.[19]

An ACTA fact sheet updated in November 2008, published by the European Commission states:

"ACTA is not designed to negatively affect consumers: the EU legislation (2003 Customs Regulation) has a de minimis clause that exempts travellers from checks if the infringing goods are not part of large scale traffic. EU customs, frequently confronted with traffics of drugs, weapons or people, do neither have the time nor the legal basis to look for a couple of pirated songs on an i-Pod music player or laptop computer, and there is no intention to change this."[15]

Negotiations

The negotiations for the ACTA treaty are conducted in secrecy and are not part of any international body.[2] The European Commission, the Office of the United States Trade Representative, the Australian Department of Foreign Affairs and Trade, and other government agencies have acknowledged participating in ACTA negotiations, but refused to release drafts of the treaty or to discuss specific terms under discussion in the negotiations.[citation needed]

According to the United States Trade Representative agency (USTR), preliminary talks about ACTA took place throughout 2006 and 2007 between United States, Canada, the European Commission, Japan and Switzerland.[3] In October 23, 2007 the United States, the European Community, Switzerland and Japan simultaneously announced that they would negotiate ACTA.[21]

1st Round of Negotiation, Geneva, Switzerland, June 2008

The first official round of negotiations took place in Geneva during 3 and 4 June 2008; at that time, at least the following countries had joined the negotiations: Australia,[22] the European Union, Jordan, Mexico, Morocco, New Zealand, Republic of Korea, Singapore and United Arab Emirates.[23]

2nd Round of Negotiation, Washington, USA July 2008

The second round took place in Washington, DC, from 29 to 31 July 2008.[24]

3rd Round of Negotiation, Tokyo, Japan, October 2008

The third round was in Tokyo, during 8 and 9 October 2008.[25]

4th Round of Negotiation, Paris, France, December 2008

The fourth round of negotiations took place in Paris from 15 to 18 December 2008[26]

5th Round of Negotiation, Rabat, Morocco, July 2009

The 5th round of the ACTA negotiations was hosted by the Kingdom of Morocco in Rabat on July 16 and 17 2009. Participants in the negotiations included Australia, Canada, the European Union (represented by the European Commission, the EU Presidency (Sweden) and EU Member States), Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, and the USA.[27]

The discussions at the meeting focused on international cooperation, enforcement practices and institutional issues. Transparency was also discussed, including providing information to stakeholders and the interested public. Participants agreed to release draft agendas before all subsequent negotiation rounds.[27]

6th Round of Negotiation, Seoul, Korea, November 2009

The 6th round of the ACTA negotiations was hosted by the Republic of Korea in Seoul on November 4 to 6, 2009. Participants in these negotiations included Australia, Canada, the European Union, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, and the United States of America. The discussions in this round of negotiations focused on enforcement in the digital environment and criminal enforcement.[28]

7th Round of Negotiation, Mexico, January 2010

The 7th round of negotiations took place on 26–29 January 2010 in Guadalajara, Mexico. Participants were the same as the 6th round.[29]

8th Round of Negotiation, New Zealand, April 2010

The 8th round of negotiations is scheduled on 12–16 April 2010 in Wellington, New Zealand.[29]

9th Round of Negotiation

The 9th round of negotiations is scheduled on the week of 7 June 2010, before the TRIPs Council and should take place in Geneva.[29]

Support

Industry groups

The main industry groups on fields related to intellectual property support the agreement and give input and suggestions to the creation of ACTA. These groups include the International Intellectual Property Alliance[30] (including the RIAA)[31] and Pharmaceutical Research and Manufacturers of America.[32]

European Union

The European Union has proposed language in the ACTA negotiations to require criminal penalties for "inciting, aiding and abetting" certain offenses, including "at least in cases of willful trademark counterfeiting and copyright or related rights piracy on a commercial scale." [33]

European Commission

The European Commission identifies ACTA as an attempt to enforce intellectual property rights and states that countries involved in the negotiations see intellectual property rights as "a key instrument for their development and innovation policies". It argues:

"The proliferation of intellectual property rights (IPR) infringements poses an ever-increasing threat to the sustainable development of the world economy. It is a problem with serious economic and social consequences. Today, we face a number of new challenges: the increase of dangerous counterfeit goods (pharmaceuticals, food and drink, cosmetics or toys, car parts); the speed and ease of digital reproduction; the growing importance of the Internet as a means of distribution; and the sophistication and resources of international counterfeiters. All these factors have made the problem more pervasive and harder to tackle."[1]

Regarding the question why this agreement is not pursued through the G8, WTO, WIPO or other formal existing structures the European Commission explained:

The EU considers that the approach of a free-standing agreement gives us the most flexibility to pursue this project among interested countries. We fully support the important work of the G8, WTO, and WIPO, all of which touch on IPR enforcement. The membership and priorities of those organizations simply are not the most conducive to this kind of path breaking project.

— European Commission, [34]

European Parliament

With a draft Report from 26 August 2008 the European Commission tried to get a mandate from the European Parliament for the negotiation of ACTA.[35] The document will be discussed and likely amended within the INTA Committee of the European Parliament. Eva Lichtenberger prepared a Draft Opinion[36] that heavily criticises this paper within the JURI-committee. On 18 December 2008 the European Parliament adopted the resolution from the Greens with 309 against 232 Votes.[clarification needed][citation needed] On 10 March 2010, the European Parliament adopted a resolution[37] criticising the ACTA with 663 in favor and 13 against, arguing that the ACTA flouts EU piracy laws.[38]

Council of the European Union

Shortly after, the Council of the European Union also started to work on a Draft for a Resolution dealing with ACTA.[39] On 25 September 2008 the council adopted a pro-ACTA resolution.[40]

G8

Published in July 2008 paragraph 17 of the G8 Leaders' Communiqué on the World Economy (G8 Hokkaido Toyako Summit) states under the heading "Protection of Intellectual Property Rights (IPR)" that:

"Effective promotion and protection of IPR are critical to the development of creative products, technologies and economies. We will advance existing anti-counterfeiting and piracy initiatives through, inter alia, promoting information exchange systems amongst our authorities, as well as developing non-binding Standards to be Employed by Customs for Uniform Rights Enforcement (SECURE) at the World Customs Organization. We encourage the acceleration of negotiations to establish a new international legal framework, the Anti-Counterfeiting Trade Agreement (ACTA), and seek to complete the negotiation by the end of this year. We will promote practical cooperation between our countries to develop tools to combat new techniques in counterfeiting and piracy and spread best practices. We reaffirm our commitment on government use of software in full compliance with the relevant international agreements and call on other countries to follow our commitment."[2]

Advisory committees

While negotiations are secret, a number of corporations are part of advisory committees of the USTR and have access to classified documents.[41][42] These include Abbott Laboratories, Association of American Publishers, CropLife America, DuPont, eBay, Entertainment Software Association, FMC Corporation, General Motors Corporation, Generic Pharmaceutical Association, IBM Corporation, Independent Film & Television Alliance, Intel Corporation, Intellectual Property Owners Association, Johnson & Johnson, Merck & Co, Monsanto Company, Motion Picture Association of America, Oracle Corporation, Pfizer, Recording Industry Association of America, Sun Microsystems, The Dow Chemical Company, The Gorlin Group, The Procter & Gamble Company, Time Warner, and Verizon Communications.

Criticism

Secrecy of negotiations

The Electronic Frontier Foundation opposes ACTA, calling for more public spotlight on the proposed treaty.[43] Since May 2008 discussion papers and other documents relating to the negotiation of ACTA have been uploaded to Wikileaks,[11] and newspaper reports about the secret negotiations swiftly followed.[6][18][44]

In June 2008 Canadian academic Michael Geist writing for Copyright News argued that "Government Should Lift Veil on ACTA Secrecy" noting before documents leaked on the internet ACTA was shrouded in secrecy. Coverage of the documents by the Toronto Star "sparked widespread opposition as Canadians worry about the prospect of a trade deal that could lead to invasive searches of personal computers and increased surveillance of online activities." Geist argues that public disclosure of the draft ACTA treaty "might put an end to fears about iPod searching border guards" and that it "could focus attention on other key concerns including greater Internet service provider filtering of content, heightened liability for websites that link to allegedly infringing content, and diminished privacy for Internet users." Geist also argues that greater transparency would lead to a more inclusive process, highlighting that the ACTA negotiations have excluded both civil society groups as well as developing countries. Geist reports that "reports suggest that trade negotiators have been required to sign non-disclosure agreements for fear of word of the treaty's provisions leaking to the public." He argues that there is a need for "cooperation from all stakeholders to battle counterfeiting concerns" and that "an effective strategy requires broader participation and regular mechanisms for feedback".[45]

In November 2008 the European Commission responded to these allegations as follows:

"It is alleged that the negotiations are undertaken under a veil of secrecy. This is not correct. For reasons of efficiency, it is only natural that intergovernmental negotiations dealing with issues that have an economic impact, do not take place in public and that negotiators are bound by a certain level of discretion. However, there has never been any intention to hide the fact that negotiations took place, or to conceal the ultimate objectives of the negotiations, the positions taken in European Commission Trade 5/6 the negotiations or even details on when and where these negotiations are taking place. The EU and other partners (US, Japan, Canada, etc.) announced their intention to start negotiations of ACTA on 23 October 2007, in well publicised press releases. Since then we have talked about ACTA on dozens of occasions, including at the European Parliament (INTA committee meetings), and in numerous well attended seminars. Commission organised a stakeholders' consultation meeting on 23 June in Brussels, open to all – industry and citizens and attended by more than 100 participants. US, Australia, Canada, New Zealand and other ACTA partners did the same."[1][citation needed]

In New Zealand InternetNZ is responding to the lack of transparency in negotiations by holding an open public event to critique the known and likely content of ACTA proposals, enable people to connect and discuss the issues, and to develop an agreed statement to deliver to New Zealand Government negotiators and politicians. PublicACTA will be held on Saturday, 10 April 2010, two days ahead of Round 8 of the ACTA negotiations on 12–16 April in Wellington. Michael Geist will be keynote speaker at the event.


It has been argued that the main thrust of ACTA is to provide safe harbor for service providers so that they may not hesitate to provide information about infringers; this may be used, for instance, to quickly identify and stop infringers once their identities are confirmed by their providers. Similarly, it provides for criminalization of copyright infringement, granting law enforcement the powers to perform criminal investigation, arrests and pursue criminal citations or prosecution of suspects who may have infringed on copyright. It also allows criminal investigations and invasive searches to be performed against individuals for whom there is no probable cause, and in that regard weakens the presumption of innocence and allows what would in the past have been considered unlawful searches. More pressingly, being an international treaty, it allows for these provisions—usually administered through public legislation and subject to judiciary oversight—to be pushed through via closed negotiations among members of the executive bodies of the signatories, and once it is ratified, using trade incentives and the like to persuade other nations to adopt its terms without much scope for negotiation.[46]

Privacy

The Free Software Foundation argues that ACTA will create a culture of surveillance and suspicion.[47] Aaron Shaw argues that "ACTA would create unduly harsh legal standards that do not reflect contemporary principles of democratic government, free market exchange, or civil liberties. Even though the precise terms of ACTA remain undecided, the negotiants' preliminary documents reveal many troubling aspects of the proposed agreement." such as removing "legal safeguards that protect Internet Service Providers from liability for the actions of their subscribers" in effect giving ISPs no option but to comply with privacy invasions. Shaw further says that "[ACTA] would also facilitate privacy violations by trademark and copyright holders against private citizens suspected of infringement activities without any sort of legal due process".[48]

Practicality

The Times has quoted an unnamed British research study which found that iPods owned by persons aged 14 to 24 today contain an average of more than 840 tracks downloaded on file-sharing networks, nearly fifty percent of all music possessed by this segment.[49] The same study also found that 95% of individuals falling under this category have copied music in some way.[49] Thus, some critics argue that ACTA directly criminalizes ordinary consumer activity.[50][51][52]

Threat to Freedom

The Free Software Foundation (FSF) has published "Speak out against ACTA", stating that the ACTA threatens free software by creating a culture "in which the freedom that is required to produce free software is seen as dangerous and threatening rather than creative, innovative, and exciting."[47] Specifically the FSF argues that ACTA will make it more difficult and expensive to distribute free software via file sharing and P2P technologies like BitTorrent, which are currently used to distribute large amounts of free software. The FSF also argues that ACTA will make it harder for users of free operating systems to play non-free media because DRM protected media would not be legally playable with free software.[47]

Requests for disclosure

In September 2008 a number of interest groups urged parties to the ACTA negotiations to disclose the language of the evolving agreement. In an open letter the groups argued that: "Because the text of the treaty and relevant discussion documents remain secret, the public has no way of assessing whether and to what extent these and related concerns are merited." The interest groups included: the Consumers Union, the Electronic Frontier Foundation, Essential Action, IP Justice, Knowledge Ecology International, Public Knowledge, Global Trade Watch, the US Public Interest Research Group, IP Left (Korea), the Canadian Library Association, the Consumers Union of Japan, the National Consumer Council (UK) and the Doctors without Borders' Campaign for Essential Medicines.[53]

Australia

A coalition of concerned organisations submitted to the responsible Australian Government department, the Department of Foreign Affairs and Trade.[54]

The submission agreed that reducing counterfeiting is important where it endangers consumer health or safety, or constitutes commercial scale infringement. However, the coalition urged that pursuit of that goal should not threaten legitimate commercial, social, innovative and creative activities, the rights of consumers or the free flow of information. The coalition noted the current proposed treaty raised serious concerns with respect to transparency, increased customs search powers, increased penalties for IP infringement, and lack of due process.

The coalition consisted of:

  • the Australian Digital Alliance – a public interest copyright organisation advocating for an appropriately balanced copyright regime;
  • the Australian Library and Information Association – the peak professional organisation for the Australian library and information services sector;
  • Choice – a not-for-profit consumer organisation that campaigns on behalf of Australian consumers; and
  • the Internet Industry Association – Australia's national Internet industry organisation that provides policy input to government and advocacy on a range of issues.

Canada

The University of Ottawa's Canadian Internet Policy and Public Interest Clinic filed an access to information request but received only a document stating the title of the agreement, with everything else blacked out.[6]

European Union

In November 2008, the Foundation for a Free Information Infrastructure (FFII) requested secret Anti-Counterfeiting Trade Agreement (ACTA) documents from the EU Council, specifically naming 12 documents to be published.[55] The request was denied by the EU council, stating that "disclosure of this information could impede the proper conduct of the negotiations, would weaken the position of the European Union in these negotiations and might affect relations with the third parties concerned" [56]. FFII stated that although the case could be won in the European court of justice, the legal process could take many years (citing an earlier case on transparency of EU legislation that took 6 years). Consequently, FFII suggests going via parliaments of Europe to force Council to publish the texts.[citation needed]

In March 2009, the European Parliament passed a resolution demanding greater transparency in public affairs, which among other things called on the European Commission to make public all documents relating to the negotiations.[57]

New Zealand

In August 2009 a coalition[58] of NGOs and individuals formed to request more transparency in ACTA negotiations. At briefings held by the Ministry of Economic Development (MED) and the Ministry of Foreign Affairs and Trade (MFAT) on 16 December 2009, representatives from the coalition organisations supported the New Zealand negotiators stated desire to call for more transparency. In December 2009 two New Zealand members of Parliament, Clare Curran (Labour) and Peter Dunne (United Future) also publicly questioned the need for secrecy.[59][60].

In March 2010 TechLiberty, an NZ digital civil rights organisation, received a response to its Official Information Act request on ACTA[61]. It was given letters from MED and MFAT plus the May 2008 cabinet paper[62] in which the NZ government agreed to participate in ACTA. Portions of the cabinet paper, and answers to questions posed by TechLiberty, were withheld including the venue for the April 2010 ACTA negotiations, the cabinet discussion paper on participation in ACTA, and all copies of draft negotiation texts, and all documents expressing NZ's negotiating position. This information was withheld under Official Information Act provisions allowing for withholding of information where it would prejudice the international relations of the Government of New Zealand, where it would affect the privacy of natural persons, where it was required to maintain the effective conduct of public affairs, and where withholding information was required to enable the government to carry on negotiations (including commercial and industrial negotiations).

MED and MFAT have recently held a number of briefings on ACTA, including in December 2009, and from 22 - 29 March. They stated at these briefings, and in the media[63] that the NZ position is to champion greater transparency in the negotiations.

United States

Knowledge Ecology International also filed a Freedom of Information Act (FOIA) request in the United States but had their entire request denied. The United State Trade Representative's FOIA office stated the request was withheld for being material "properly classified in the interest of national security."[64] However, a recent leak has shown that the Obama administration intends to start an undisclosed Internet chapter.[vague][citation needed] US Senators Bernie Sanders (I-VT) and Sherrod Brown (D-OH) penned a letter on November 23, 2009 asking the United States Trade Representative to make the text of the ACTA public.[65]

See also

References

  1. ^ a b c "Fact Sheet: Anti-Counterfeiting Trade Agreement" (PDF). European Commission. 23 October 2007 (Revised on January 2009). Retrieved 25 November 2009. {{cite web}}: Check date values in: |date= (help)
  2. ^ a b c d e Ministry of Economic Development of New Zealand (2008). "On Anti-Counterfeiting Trade Agreement".
  3. ^ a b c d USTR, The Anti-Counterfeiting Trade Agreement – Summary of Key Elements Under Discussion (PDF), retrieved 25 November 2009
  4. ^ a b c Ingram, Matthew (2008-05-26). "Do we need copyright cops?". Ingram 2.0. Globe and Mail. Retrieved 2008-05-27.
  5. ^ "ACTA draft, 18 Jan 2010, page 12".
  6. ^ a b c d Pilieci, Vito (2008-05-26). "Copyright deal could toughen rules governing info on iPods, computers". Vancouver Sun. Retrieved 2008-05-27.
  7. ^ "Fact Sheet: Anti-Counterfeiting Trade Agreement". European Commission. 2007-10-23. Retrieved 2008-05-27.
  8. ^ a b "What is ACTA?". Electronic Frontier Foundation (EFF). Retrieved 1 december 2008. {{cite web}}: Check date values in: |accessdate= (help)
  9. ^ "The Anti-Counterfeiting Trade Agreement (ACTA) Fact Sheet (Updated November 2008)" (PDF). European Commission. Retrieved 8 December 2008.
  10. ^ http://www.med.govt.nz/templates/MultipageDocumentTOC____34358.aspx
  11. ^ a b "Proposed US ACTA multi-lateral intellectual property trade agreement (2007)". Wikileaks. 22 May 2008.
  12. ^ "ACTA-6437-10.pdf (as text".
  13. ^ "Biggest-ever ACTA leak: secret copyright treaty dirty laundry motherlode".
  14. ^ "New ACTA leak: 01/18 version of consolidated text." La Quadrature du Net. 23 March 2010.
  15. ^ a b c "Fact Sheet: Anti-Counterfeiting Trade Agreement" (PDF). European Commission. 23 October 2007 (Updated November 2008). Retrieved 27 November 2009. {{cite web}}: Check date values in: |date= (help)
  16. ^ ACTA: Non-Paper on institutional issues under the Agreement (PDF), 9 June 2008 {{citation}}: Unknown parameter |address= ignored (|location= suggested) (help)
  17. ^ Geist, Michael (3 February 2009). "Putting Together the ACTA Puzzle: Privacy, P2P Major Targets". {{cite web}}: Unknown parameter |dateaccess= ignored (help)
  18. ^ a b Weeks, Carly (2008-05-26). "Anti-piracy strategy will help government to spy, critic says". The Globe and Mail. Retrieved 2008-05-27.
  19. ^ a b c Nakashima, Ellen (2008-08-01). "Travelers' Laptops May Be Detained At Border". Washington Post. Retrieved 2008-08-01.
  20. ^ "Policy Regarding Border Search of Information" (PDF). U.S. Customs and Border Protection. 2008-07-16. Retrieved 2008-08-01.
  21. ^ Katz, Eddan; Hinze, Gwen (2009), "The Impact of the Anti-Counterfeiting Trade Agreement on the Knowledge Economy: The Accountability of the Office of the U.S. Trade Representative for the Creation of IP Enforcement Norms Through Executive Trade Agreements" (PDF), The Yale Journal of International Law, retrieved November 24th 2009 {{citation}}: Check date values in: |accessdate= (help); Unknown parameter |month= ignored (help)
  22. ^ Australia announced it would join negotiations on 1 February 2008, see the Press release by Simon Crean, Australian Minister for Trade
  23. ^ "EU, US and others hold Geneva talks on Anti-Counterfeiting Trade Agreement" (PDF). European Commission. 5 June 2008. Retrieved 26 November 2009.
  24. ^ "EU/NR 75/08: ANTI-COUNTERFEITING: EU, US AND OTHERS MEET IN WASHINGTON TO ADVANCE ACTA". European Commission. 31 July 2008. Retrieved 26 November 2009.
  25. ^ "Anti-counterfeiting: Participants meet in Tokyo to discuss ACTA" (PDF). Tokyo: European Commission. 9 October 2008. Retrieved 26 November 2009.
  26. ^ "ACTA: 4th round of negotiation" (PDF). European Commission. 18 December 2008. Retrieved 26 November 2009.
  27. ^ a b ACTA 5th Round of negotiation: press statement, 21 July 2009.
  28. ^ Swedish Government Offices (6 November 2009). "The 6th Round of Negotiations on Anti-Counterfeiting Trade Agreement". Retrieved 8 November 2009.
  29. ^ a b c Michael Geist (6 February 2010). "European ACTA Document Leaks With New Details on Mexico Talks and Future Meetings". Retrieved 19 February 2010.
  30. ^ About IIPA
  31. ^ Anderson, Nate (2008-06-30). "RIAA's ACTA wishlist includes gutted DMCA, mandatory filters". Ars Technica. Retrieved 2008-07-02.
  32. ^ PhRMA (March 21, 2008). "PhRMA comments to USTR on ACTA".
  33. ^ "EU proposes ACTA require criminal sanctions for inciting, aiding and abetting infringements". Knowledge Ecology International (KEI). 17 March 2010. Retrieved 19 March 2010.
  34. ^ "Q&As on the Anti-Counterfeiting Trade Agreement (ACTA)" (PDF). European Commission. Retrieved 27 November 2009.
  35. ^ Gianluca Susta (26 August 2008). "Draft Report on the impact of counterfeiting on international trade". European Parliament's Committee on International Trade.
  36. ^ JURI Draft Opinion: Impact of Counterfeiting on International Trade
  37. ^ http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2010-0058&language=EN&ring=P7-RC-2010-0154
  38. ^ http://www.euractiv.com/en/health/meps-defy-commission-internet-piracy-agreement-news-326215
  39. ^ Presidency of the Council (26 August 2008). "Draft Council Resolution on a comprehensive European anti-counterfeiting plan" (PDF). Council.
  40. ^ Presidency of the Council (25 September 2008). "Council Resolution on a comprehensive European anti-counterfeiting plan" (pdf). Council.
  41. ^ Who are the cleared advisors that have access to secret ACTA documents?
  42. ^ USTR Advisory Committess
  43. ^ "Sunlight for ACTA". EFF. Retrieved 2008-07-05.
  44. ^ Jason Mick (23 May 2008). "Wikileaks Airs U.S. Plans to Kill Pirate Bay, Monitor ISPs With Multinational ACTA Proposal". DailyTech.
  45. ^ Geist, Michael (9 June 2008). "Government Should Lift Veil on ACTA Secrecy". Retrieved 28 November 2008.
  46. ^ Anderson, Nate (2008-06-02). "The real ACTA threat (it's not iPod-scanning border guards)". Ars Technica. Retrieved 2008-06-14.
  47. ^ a b c "Speak out against ACTA". Free Software Foundation.
  48. ^ Shaw, Aaron (2009). "The Problem with the Anti-Counterfeiting Trade Agreement (and what to do about it)". KEStudies. 2. {{cite journal}}: Unknown parameter |month= ignored (help)
  49. ^ a b "Average teenager's iPod has 800 illegal music tracks". London: Times. Retrieved 2008-07-05.
  50. ^ "IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA)". IPJustice.org. Retrieved 2008-07-05.
  51. ^ "Students (unaware/don't care) about music legalities". ZDNet. Retrieved 2008-07-05.
  52. ^ "Piracy as a social phenomenon – It's not about the $". ZDNet. Retrieved 2008-07-05.
  53. ^ "Anti-Counterfeiting Trade Agreement: Fact or Fiction?". Wired.com. 15 September 2008.
  54. ^ "Principles for ACTA negotiations" (PDF).
  55. ^ FFII Press Release from November 3 2008 FFII opposes stealth legislation, demands ACTA documents
  56. ^ FFII Press Release from November 10 2008 EU Council refuses to release secret ACTA documents
  57. ^ Summary of European Parliament resolution calling on European Commission to release ACTA details
  58. ^ acta.net.nz (2010-20-3). "acta.net.nz coalition". Retrieved 2010-20-3. {{cite web}}: Check date values in: |accessdate= and |date= (help)
  59. ^ Clare Curran (2009-04-12). "What's the need for Secrecy?". Labour. Retrieved 2009-04-12.
  60. ^ Peter Dunne (2009-04-12). "Dunne: What are we signing up to, Mr Power?". United Future. Retrieved 2009-04-12.
  61. ^ Thomas Beagle (2010-17-3). "TechLiberty's Official Information Act request on ACTA". TechLiberty. Retrieved 2010-17-03. {{cite web}}: Check date values in: |accessdate= and |date= (help)
  62. ^ MED (2008-07-05). "NZ's MED 2008 Cabinet paper on ACTA" (PDF). TechLiberty. Retrieved 2010-21-3. {{cite web}}: Check date values in: |accessdate= (help)
  63. ^ Computerworld (2010-22-3). "ACTA Wellington agenda and venue leaked". Computerworld. Retrieved 2010-04-04. {{cite web}}: Check date values in: |date= (help)
  64. ^ James Love (2009-03-12). "Obama Administration Rules Texts of New IPR Agreement are State Secrets". The Huffington Post. Retrieved 2009-03-12.
  65. ^ US Senators Sanders and Brown (23 November 2008). "Letter To The United States Trade Representative" (PDF). Senators Sanders and Brown.

Official ACTA sites

Other sites