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: 66

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

Doc Vega posted a blog post
17 hours ago
tjdavis posted a photo
yesterday
james will is now a member of 12160 Social Network
yesterday
Burbia replied to cheeki kea's discussion Tartaria
yesterday
Burbia posted a video

Mossad: we create a pretend world, we are a global production company... the world is our stage

60 Minutes interviews alleged Mossad agent"we create a pretend world, we are a global production company......the world is our stage."_______________________...
yesterday
Doc Vega posted a blog post

The Alvin II Encounter: Was There A Living Dinosaur Involved?

The year is 1965 in the Caribbean islands at a 5-thousand-foot depth in the dark Atlantic waters.…See More
Tuesday
Doc Vega posted blog posts
Monday
rlionhearted_3 posted photos
Monday
Burbia posted a video

All In The Family | Mike Meets Archie For The First Time | The Norman Lear Effect

Gloria (Sally Struthers) has a new boyfriend called Michael (Rob Reiner) and she is very excited to introduce him to her parents (Carroll O'Connor and Jean S...
Monday
Shawn H is now a member of 12160 Social Network
Monday
Doc Vega posted a photo

entitlement

Congress makes Social Security that we paid in our whole lives into to some government giveaway and…
Sunday
Doc Vega posted a blog post

Death Threats for Assisting ICE?

An Idaho Bar Helped ICE And Faced This Sick Backlash From DemocratsDecember 10, 20254 minute read…See More
Sunday
tjdavis posted videos
Sunday
Sandy posted a video

'They’re Waiting for Us to Die': Area 51 Veterans Plead for Trump’s Help | Elizabeth Vargas Reports

Congress quietly killed the one fix that could have helped America’s “Area 51 veterans” prove where they served — and get the care they say they’ve earned.WA...
Sunday
tjdavis posted a blog post
Saturday
tjdavis favorited Burbia's video
Dec 12
tjdavis favorited rlionhearted_3's photo
Dec 12
cheeki kea favorited tjdavis's blog post Under An Ionized Sky
Dec 12
cheeki kea commented on Doc Vega's blog post To Each and every One of you here Happy Thanksgiving
"Hope you enjoyed your thanksgiving day. I've often thought it'll good if I could send…"
Dec 11
cheeki kea posted a photo
Dec 11

© 2025   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