ACTA "internet enforcement" chapter leaks

http://www.boingboing.net/2010/02/21/acta-internet-enforc.html

By Cory Doctorow at 11:35 AM February 21, 2010

Someone has uploaded a PDF to a Google Group that is claimed to be the proposal for Internet copyright enforcement that the USA has put forward for ACTA, the secret copyright treaty whose seventh round of negotiations just concluded in Guadalajara, Mexico. This reads like it probably is genuine treaty language, and if it is the real US proposal, it is the first time that this material has ever been visible to the public. According to my source, the US proposal is the current version of the treaty as of the conclusion of the Mexico round.

I've read it through a few times and it reads a lot like DMCA-plus. It contains, for example, a duty to technology firms to shut down infringement where they have "actual knowledge" that such is taking place. This argument was put forward in the Grokster case, and as Fred von Lohmann argued then, this is a potentially deadly burden to place on technology companies: in the offline world Xerox has "actual knowledge" that its technology is routinely used to infringe copyright at Kinko's outlets around the world -- should that create a duty to stop providing sales and service to Kinko's?

This also includes takedown procedures for trademark infringement, as well as the existing procedures against copyright infringement. Since trademark infringement is a lot harder for a service provider to adjudicate (and since things that might be trademark infringement take place every time you do something as innocuous as taking a photo of a street-scene that contains hundreds or thousands of trademarks), this sounds like a potential disaster to me.

This calls on all parties to ensure that "third party liability" (the idea that ISPs, web-hosts, application developers, mobile carriers, universities, apartment buildings, and other "third parties" to infringement are sometimes liable for their users' copyright infringements) is on the books in their countries. It doesn't spell out what that liability should be, beyond "knowingly and materially aiding" an infringement -- see the Kinko's point above for why this is potentially deadly.

And, of course, this contains the DMCA's injunction against breaking digital locks (that is, circumventing DRM), even though this provision has been in international treaties since 1996 and has done nothing to reduce infringement, has never shown itself to be effective in shoring up the power of these technologies to prevent copies, and has introduced enormous anti-competitive effects into the market.

Also buried in a footnote is a provision for forcing ISPs to terminate customers who've been accused -- but not convicted -- of copyright infringement (along with their families and anyone else who happens to share their net connection).

There's plenty more here -- and we don't know what the rest of the treaty reads like, or what the competing drafts said -- and I'm sure that more astute legal scholars than I will be along shortly with their commentary.

Views: 63

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Burbia commented on Sandy's photo
Thumbnail

FB_IMG_1710523455761

"Is that the narrative now? Its more like Tik Tok influenced the younger generation to not be…"
7 hours ago
Burbia commented on Less Prone's photo
Thumbnail

Rebuilding Khazaria

"Who exactly are these beings? They violently push their way into the Middle East claiming it their…"
7 hours ago
Less Prone posted a photo

Famine or War What Would it Be

How far are these monsters allowed to go?
17 hours ago
Less Prone favorited cheeki kea's blog post The saddest post I've ever read. ( vaccine victim speaks out. )
17 hours ago
Less Prone commented on cheeki kea's blog post The saddest post I've ever read. ( vaccine victim speaks out. )
"It's so cruel and unfair. So many innocent people fell for it and even now the wictims are…"
17 hours ago
Doc Vega commented on truth's video
Thumbnail

MSM Admits US Funding Al-Qaeda & Taliban Terror Attacks

"In all likelihood if the MSM comes up with an explanation it's probably pure unadulterated…"
17 hours ago
Doc Vega commented on truth's video
Thumbnail

MSM Admits US Funding Al-Qaeda & Taliban Terror Attacks

"Mark Levin talks about all the front groups funded by Soros that have provided revenue for the…"
17 hours ago
Doc Vega favorited cheeki kea's blog post The saddest post I've ever read. ( vaccine victim speaks out. )
17 hours ago
Doc Vega commented on cheeki kea's blog post The saddest post I've ever read. ( vaccine victim speaks out. )
"Sad, but this is the fate of those who don't take heed and refuse to do their due diligence…"
17 hours ago
Doc Vega posted blog posts
20 hours ago
cheeki kea commented on Sandy's photo
Thumbnail

FB_IMG_1710523455761

"Hi Thia I'm back with news.... gvmnt will not protect you from Tick Tock, at this point it…"
22 hours ago
cheeki kea commented on cheeki kea's blog post Dr. Aseem Malhotra's Explosive Court Testimony on COVID "Vaccines"(UPDATED)
"More news dripping out from this story. ( found on Slay news…"
22 hours ago
cheeki kea commented on cheeki kea's blog post The saddest post I've ever read. ( vaccine victim speaks out. )
23 hours ago
cheeki kea posted a blog post

The saddest post I've ever read. ( vaccine victim speaks out. )

You know what, I think if God had a message for us here it would be the one that goes... Be as Wise…See More
yesterday
Burbia commented on Burbia's group The Comment Section is Closed
"So far, there are 14 comments here for the video about Iran's influence on Generation Z and…"
yesterday
tjdavis posted videos
Wednesday
tjdavis posted photos
Wednesday
Doc Vega posted blog posts
Tuesday
Larry Harmen posted blog posts
Tuesday
Larry Harmen posted videos
Tuesday

© 2024   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted