Post Tagged with: "acta"

Major ACTA Leak: Internet and Civil Enforcement Chapters With Country Positions

On the heels of the leak of various country positions on ACTA transparency, today an even bigger leak has hit the Internet.  A new European Union document prepared several weeks ago canvasses the Internet and Civil Enforcement chapters, disclosing in complete detail the proposals from the U.S., the counter-proposals from the EU, Japan, and other ACTA participants.  The 44-page document also highlights specific concerns of individual countries on a wide range of issues including ISP liability, anti-circumvention rules, and the scope of the treaty.  This is probably the most significant leak to-date since it goes even beyond the transparency debate by including specific country positions and proposals.

The document highlights significant disagreement on a range of issues.  For example, on the issue of anti-circumvention legislation and access controls, the U.S. wants it included per the DCMA, but many other countries, including the EU, Japan, and New Zealand do not, noting that the WIPO Internet treaties do not require it.

A brief summary of the key findings are posted below, but much more study is needed.

Internet Enforcement Chapter

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March 1, 2010 40 comments News

The ACTA Transparency Scorecard

With yesterday's leak of a Dutch government document revealing the positions on ACTA transparency of many of the negotiating partners, it is worth taking stock of the current positions on the issue:

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February 26, 2010 15 comments News

EU Says No To Mandatory ACTA Three Strikes

A spokesperson for the European Commission Trade Commissioner Karel De Gucht has sought to address concerns about three strikes within ACTA.  According to De Gucht's spokesperson: "ee are not supporting and will not accept that an eventual ACTA agreement creates an obligation to disconnect people from the internet because of […]

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February 26, 2010 5 comments News

France & Italy Fear U.S. Retaliation over ACTA Transparency

IDG covers the latest Dutch leak that reveals the transparency position of many ACTA participants.  Particularly telling is the view that both France and Italy favour greater transparency, but fear U.S. retaliation.

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February 25, 2010 4 comments News

New ACTA Leak: U.S., Korea, Singapore, Denmark Do Not Support Transparency

Throughout the debate over ACTA transparency, many countries have taken public positions that they support release of the actual text, but that other countries do not.  Since full transparency requires consensus of all the ACTA partners, the text simply can't be released until everyone is in agreement.  Of course, those same countries hasten to add that they can't name who opposes ACTA transparency, since that too is secret.

No longer. In an important new leak from the Netherlands (Dutch, Google English translation, better English translation), a Dutch memorandum reporting back on the Mexico ACTA negotiation round names names, pointing specifically to which countries support releasing the text and which do not (note that the memo does not canvass everyone – Canada, Australia, and New Zealand are known to support transparency but are not named in the memo).  According to the Dutch memo, the UK has played a lead role in making the case for full disclosure of the documents and is of the view that there is consensus for release of the text (there is support from many countries including the Netherlands, Sweden, Finland, Ireland, Hungary, Poland, Estonia, and Austria).  However, the memo indicates that several countries are not fully supportive including Belgium, Portugal, Germany, and Denmark.  Of these four countries, the Dutch believe that Denmark is the most inflexible on the issue.

Outside of the Europe, the memo identifies three problem countries.  While Japan is apparently supportive, both South Korea and Singapore oppose ACTA transparency.  Moreover, the U.S. has remained silent on the issue, as it remains unconvinced of the need for full disclosure.  In doing so, it would appear that the U.S. is perhaps the biggest problem since a clear position of support might be enough to persuade the remaining outliers.

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February 25, 2010 181 comments News