Last week Canadian officials travelled to Seoul for the latest round of closed-door negotiations on an international treaty called the Anti-Counterfeiting Trade Agreement (ACTA). Battling commercial counterfeiting would seem like a good idea, but leaks have revealed that ACTA – which has been conducted with unprecedented secrecy – is really about copyright, rather than counterfeiting.
My weekly technology law column (Toronto Star version, homepage version) notes that from the moment the talks began last year, observers noted the approach was far different from virtually any other international treaty negotiation. Rather than negotiating in an international venue such as the United Nations and opening the door to any interested countries, ACTA partners consisted of a small group of countries (Canada, United States, European Union, Japan, Korea, Australia, New Zealand, Mexico, Morocco, and Singapore) meeting in secret and opposed broadening the process. The substance of the treaty was also accorded the highest level of secrecy. Draft documents were not released to the public and even the locations of negotiations were often kept under wraps. In fact, the U.S. government refused to disclose information about the treaty on national security grounds.
Despite the efforts to keep the public in the dark, there has been a steady stream of leaks. Earlier this year, it was revealed criminal provisions would target both commercial and non-commercial infringement, creating the prospect of jail time even in cases where there was no intent to profit. Further, border guards would be given new powers to search people and seize products as they enter a country.
Just as negotiators were sitting down to discuss ACTA's Internet-related provisions last Wednesday, information on those proposals also leaked. The disclosures were the most disturbing to date, since they conclusively demonstrated that ACTA is fundamentally not a counterfeiting treaty, but rather one focused on copyright.
The Internet provisions feature specific requirements on the legal protection for digital locks that extend far beyond those required under international law. Moreover, they would move Canada toward a three-strikes and you're out approach that requires Internet providers to cut off subscriber access on three allegations of infringement. Canada's successful "notice and notice" approach to addressing infringing content hosted by Internet providers – adopted by both Conservative and Liberal copyright bills – would be rejected in favour of a U.S. model that requires removal of content without evidence of infringement.
The combined effect of these provisions would dramatically reshape Canadian copyright law and eliminate sovereign choice on domestic copyright policy. These issues were at the heart of thousands of submissions as part of this summer's national copyright consultation. However, if Canada agrees to ACTA, flexibility would be lost and the government would be forced to implement a host of new reforms.
Such an approach contradicts recent comments from Industry Minister Tony Clement. In an interview earlier this month, he stated "Canada and its international trading partners each have distinct copyright policies, laws and approaches for addressing the challenges and opportunities of the Internet. Canada's current framework provides strong intellectual property protections and our copyright laws apply in the digital context, including on the Internet. Moreover, Canada's regime for the protection and enforcement of intellectual property rights is fully consistent with its international obligations."
Yet the ACTA provisions seek to remove those distinctions. If adopted, the robust copyright debate that occurred over the summer would be rendered moot. Instead, it would appear that a made-in-Canada approach would give way to decisions made last week at secret meetings in Seoul.
Clear solution…
…drop out of the ACTA negotiations…
Tony Clement and the rest of his weaselly Conservative ilk are disgusting and ruining Canada!
This whole secretive matter disgusts me greatly!
CanGov knows we’re opposed to this secrecy…
…therefore, I fear that the present govt. will not cease in practicing it re: the ACTA negotiations. If they don’t force us to endure a fait accompli, they’ll believe themselves failures.
What I find even more disturbing than the 3 strikes rules, is the bit I read in the Ottawa Citizen about putting restrictions on “identity-blocking software”.
This is the same sort of software the Green revolutionary movement in Iran uses to get around the state imposed firewalls, and more importantly conceal their online identities from the Basiji secret police. The pro-democracy movement in China also makes use of it.
The idea that western governments might try to outlaw this sort of software just because a someone could use it to download a few Lady Gaga mp3s is morally repugnant.
Agreed
Particularly on this point.
Canada is well known to be one of the most secretive countries in the world!
So why is any of this surprising?
I’m greatful for the spy leaking all this to the Professor and others!
exporting corruption
In the US, these laws are typically written by corporate lawyers. They literally buy politicians via donations to get these things through. In most western/European countries it would be considered corruption, but here it is acceptable and considered even appropriate.
With ACTA the US is essentially exporting corruption to other countries.
(I note the captcha’s two words are “banditry” and “modern”.)
It really pisses me off that this could be binding for the whole country, despite the effort we have been going through to define what is right for *us*.
We are not the US or the UK and we have our own values and laws, I would rather not get *any* US content up here in canada (which would incidentally create a whole new market in-country) than allow such back-room deals to bind us to crappy US laws without so much as a by-your-leave.
Internet is a Basic Service!
>they would move Canada toward a three-strikes and you’re out approach that requires Internet providers to cut off subscriber access on three allegations of infringement.
The internet is a *basic service* in today’s world. I haven’t heard of any precedent where somebody has their electricity cut off because they used electricity breaking a law, or having their phone service cut off because they planned a crime over the phone.
Thanks Micheal
You have been echoing the logic and tone of many Canadian online users, while those who are supposed to represent are off brown nosing at our expense. It seems the pinnacle achievement in human history will be under constant attack from bridge trolls looking to bottleneck possibilities in order to make dwarfed economic gains. The NDP are making some sense at least. Old timey out of touch ‘because i told you so’s’ are making the wrong choices for the wrong reasons and for the wrong groups. Micheal please continue to defend free and open access to the information to the virtual bibliotheque alexandria and you may someday be the Tommy Douglas of technology.
I’ve come to the conclusion over the last few years that we as human beings and citizens of Canada have NO rights. The governments of the word “give” us “rights” to shut us up and then shuffle them around like a deck of cards. We should adopt the European form of voting and start rioting in the streets, over-turning and burning down cars just in case the current government doesn’t understand the fact that we don’t like the idea of not having rights. If enough cars and buildings are destroyed the government may rethink their stance on turning Canada into an ass-kissing 51st state!
3-strikes from 3rd party “strikes”…
The 3-strike rule opens a lot of new doors for attacks, because:
1) someone could launch a drive-by attack against unprotected WIFIs which ultimately result in the WIFI owner getting their internet disabled
2) a new breed of virus/trojan can intentionally and maliciously download IP material that will result in the homeowner’s internet getting cut off.
Service providers have to deal with not only the cost of additional policing they will incur, but they will also have the possibility of losing a large subscriber base due to broad 3rd party attacks on unsuspecting law-abiding customers who’ve failed to update their virus-scanners!
make whatever laws you like…
… we will not obey. All the government is doing is showing their hand. They are a gang of murderers, thieves, and liars.
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3 Allegations? Really?
Whatever happened to “innocent until proven guilty”?
The Premier of BC (Gordon Campbell) used a vehicle to commit a crime (DUI) that in some countries is punishable by death, yet he still drives, hell he’s still Premier of BC. How in the heck can they disconnect peoples internet after 3 ALLEGATIONS of infringement?
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Shall we get also copyright on this type of things also?
If yes than what is its procedure to get copyright?
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I include myself in the group I’m about to criticize…but I think this is an instance of getting the government you deserve. They count on our apathy to get this kind of thing through Parliament. I think they not only expect the lazy public to let them get away with it, but laugh about it over coffee and dessert. Three “ALLEGATIONS”?? Searched for downloading a Youtube video? WTF??? What point have we allowed things to reach? Even a rumour that the government is thinking of trying to shove laws like this down our throats should have us going nuts. I’m ashamed to say I’ve never written to my MP, but I going to start. Today.
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