Michael Geist

Malcolm Gladwell, the best-selling Canadian writer for the New Yorker, recently turned his attention to the use of Twitter, Facebook, and the Internet for digital advocacy.  Gladwell dismissed claims that digital advocacy has been an effective tool, lamenting that “people have forgotten what advocacy is about.”  He suggested that effective advocacy that leads to broad social or political change requires “strong ties” among people who are closely connected, committed to the cause, and well organized.  When Gladwell examined digital advocacy initiatives he found precisely the opposite – weak ties between people with minimal commitment and no organizational structure.

My weekly technology law column (Toronto Star version, homepage version)  notes the Gladwell article was published two days after Canada, the United States, the European Union, and a handful of other countries concluded negotiations on the Anti-Counterfeiting Trade Agreement.  Although some issues must still be sorted out, the countries have agreed on a broad framework and announced that no further negotiation rounds are planned.

With the draft agreement now public, it is apparent that one of the biggest stories over the three-year negotiation was the willingness of the U.S. to compromise on the rules associated with the Internet.  When it first proposed the Internet chapter, the U.S. demanded new liability requirements for Internet providers (including the possibility of terminating subscriber access based on multiple allegations of infringement) as well as tough digital lock rules that went far beyond current international treaty requirements.  

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