Holy Cow Batman! Back in April, Michael Geist’s article, “The ACTA Threat To the Future of WIPO” shed some light on the Anti-counterfeiting Trade Agreement negotiations and the controversy generated by the near-total lack of transparency.

“Early negotiations were held in secret locations with each participating country offering near-identical cryptic press releases that did little more than fuel public concern.“

Further highlights from Geist’s article:

“The ACTA details have come from two sources - a growing number of internet-based leaks and the governments themselves. The leaks began in early February, with blog postings and online references to specific draft language. With the cat seemingly out of the bag, the negotiating countries released a six-page summary earlier this month that confirmed much of the online speculation.

The proposed treaty has six main chapters: (1) Initial Provisions and Definitions; (2) Enforcement of Intellectual Property Rights; (3) International Cooperation; (4) Enforcement Practices; (5) Institutional Arrangements; and (6) Final Provisions.

Most of the discussion to date has centred on the Enforcement of Intellectual Property Rights chapter, which is divided into four sections - civil enforcement, border measures, criminal enforcement, and the Internet. The first three sections were addressed in meetings last year. Although there is still considerable disagreement on the final text, leaked documents indicate that the draft includes increased damage awards, mandated information disclosure that could conflict with national privacy laws, as well as the right to block or detain goods at the border for up to one year.

Moreover, the criminal provisions go well beyond clear cases of commercial infringement by including criminal sanctions such as potential imprisonment for “significant wilful copyright and trademark infringement even where there is no direct or indirect motivation of financial gain.”

Jail time for non-commercial infringement will generate considerable opposition, but it is the internet provisions that are likely to prove to be the most controversial. At the December meeting in Paris, the US submitted a “non-paper” that discussed internet copyright provisions, liability for internet service providers, and legal protection for digital locks.”

Right… this is a “Trade Agreement” to keep an eye on.

CmdrTaco posted the following on Slashdot,

“Jamie found a Boing Boing story that will probably get your blood to at least a simmer. It says

“The internet chapter of the Anti-Counterfeiting Trade Agreement, a secret copyright treaty whose text Obama’s administration refused to disclose due to ‘national security’ concerns, has leaked. It’s bad.”

You can read the original leaked document or the summary. If passed, the internet will never be the same. Thank goodness it’s hidden from public scrutiny for National Security.”

Personally, I agree with James Love over at the Huffington Post, “ACTA — A Patriot Act For the Internet.”

The most interesting highlights from Geist’s November article, “ACTA Negotiations, Day Two: What’s On Tap”

“Moreover, the provisions would pave the way for a globalized three-strikes and you’re out system, as ISP safe harbours would be premised on policies to terminate subscribers in appropriate circumstances.

It is worth highlighting the ongoing criminal provisions as well. As previously leaked, the U.S. and Japan supplied the initial text for this chapter. Their proposal included:

• extend criminal enforcement to both (1) cases of a commercial nature; and (2) cases involving significant willful copyright and trademark infringement even where there is no direct or indirect motivation of financial gain. In other words, non-commercial infringement could lead to criminal penalties

• each country would be required to establish a laundry list of penalties - including imprisonment - sufficient to deter future acts of infringement. The specific proposed language was “include sentences of imprisonment as well as monetary fines sufficiently high to provide a deterrent to future acts of infringement, consistent with a policy of removing the monetary incentive of the infringer.”

• trafficking in fake packaging for movies or music would become a criminal act. The fake packaging provision provided:

Each Party shall provide for criminal procedures and penalties to be applied, even absent willful trademark counterfeiting or copyright or related rights piracy, at least in cases of knowing trafficking in:
(a) counterfeit labels affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany the following:
(i) a phonogram,
(ii) a copy of a computer program or other literary work,
(iii) a copy of a motion picture or other audiovisual work,
(iv) documentation or packaging for such items; and
(b) counterfeit documentation or packaging for items of the type described in subparagraph (a); and
(c) illicit labels affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany items of the type described in subparagraph (a).

• Criminalization of unauthorized camcording:

Each Party shall provide for criminal procedures and penalties to be applied against any person who, without authorization of the holder of copyright or related rights in a motion picture or other audiovisual work, knowingly uses an audiovisual recording device to transmit or make a copy of or transmits to the public the motion picture or other audiovisual work, or any part thereof, from a performance of the motion picture or other audiovisual work in a motion picture exhibition facility open to the public.”

Thank you Michael Geist for keeping us up to date with this sleazy “Treaty.”

References | Resources | Related Material

The ACTA Threat To The Future Of WIPO
http://www.ip-watch.org/weblog/2009/04/14/the-acta-threat-to-the-future-of-wipo/

The ACTA Internet Chapter: Putting the Pieces Together
http://www.michaelgeist.ca/content/view/4510/125/

ACTA Negotiations, Day Two: What’s On Tap
http://www.michaelgeist.ca/content/view/4511/125/

Breakfast briefing: MySpace tightens up on scammers
http://www.guardian.co.uk/technology/blog/2009/nov/04/breakfast-briefing

Mount up, people! The real fight is just beginning!
http://tracs.co.nz/gripping-hand/mount-up-people-the-real-fight-is-just-beginning/

ACTA — A Patriot Act For the Internet
http://www.huffingtonpost.com/james-love/acta—-a-patriot-act-for_b_345000.html

Secret Copyright Treaty Details Leak: ISPs Worldwide to Become Copyright Cops?
http://gizmodo.com/5396757/secret-copyright-treaty-details-leak-isps-worldwide-to-become-copyright-cops

U.S./International Copyright Treaty Leaked, Trouble Ahead for ISPs & Users
http://www.readwriteweb.com/archives/copyright_treaty_leaked_trouble_for_isps_and_in.php

Secret Anti-Piracy Treaty Turns ISPs into Pirates
http://torrentfreak.com/secret-anti-piracy-treaty-turns-isps-into-pirates-091104/

Secret copyright treaty leaks. It’s bad. Very bad.
http://www.boingboing.net/2009/11/03/secret-copyright-tre.html

Your Rights Online: Secret Copyright Treaty Leaks. It’s Bad. Very Bad.
http://yro.slashdot.org/story/09/11/04/144240/Secret-Copyright-Treaty-Leaks-Its-Bad-Very-Bad

Tags: ACTA, Anti-counterfeiting Trade Agreement, border measures, civil enforcement, conflict with national privacy laws, criminal enforcement, criminal provisions, Enforcement of Intellectual Property Rights, Internet, internet-based leaks, Michael Geist, Secret Copyright Treaty Seeks To Control The Internet, The ACTA Threat To the Future of WIPO

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