The EU Article 29 Data Protection Working Party, which included ACTA on its agenda as part of its meetings last week, has written to Commissioner Karel de Gucht to express concern about the privacy implications of ACTA. The Working Party is particularly concerned with notice-and-takedown procedures, customs searches, and criminalization.
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U.S. Caves on Anti-Circumvention Rules in ACTA
Before examining the changes, it should be noted that there remain doubts about whether this chapter even belongs in ACTA. Both Canada and Mexico have reserved the right to revisit all elements of this chapter at a later date, suggesting that both countries have concerns about the digital enforcement chapter. Moreover, there are still disputes over the scope of the Internet chapter, with the U.S., Australia, NZ, Canada, Singapore and Mexico seeking to limit the chapter to trademark and copyright, while Japan, the EU, and Switzerland want to extend it to all IP rights. Without resolving this issue, there is no digital enforcement in ACTA.
The Anti-Circumention Provision
Canada at the ACTA Negotiations: Canadian Proposals in the Current Draft
Weatherall on the Key Developments in Latest ACTA Draft
Kim Weatherall has a must-read post that identifies the key changes in the latest ACTA draft that was leaked earlier this week.
How Will ACTA Affect UK Law
Andres Guadamuz examines how ACTA would affect UK law. His conclusion: “Be afraid. Be very afraid.”