Post Tagged with: "anti-counterfeiting trade agreement"

Global Reactions to ACTA

The reaction to revelations about the Internet provisions of the Anti-Counterfeiting Trade Agreement continue.  Notable articles include: Canada: Still-murky copyright treaty could change web as we use it New Zealand: New Zealand should not sign international piracy agreement Australia: ISPs Focus of Piracy Talks Australia: Fighting Piracy – three strikes […]

Read more ›

November 9, 2009 8 comments News

CBC’s As It Happens on ACTA

Earlier tonight I appeared on CBC's As It Happens to discuss ACTA. An MP3 version of the interview is available.

Read more ›

November 6, 2009 3 comments News

The Leaked ACTA Document

As the ACTA story begins to capture mainstream media attention (front page of the Ottawa Citizen, coverage from the Washington Post, NZ Herald, the Atlantic, Wired), the press release from the now-concluded Seoul talks should be released shortly [update: release out, exactly as predicted].  If the past releases are any […]

Read more ›

November 6, 2009 35 comments News

The ACTA Internet Chapter: Putting the Pieces Together

The Anti-Counterfeiting Trade Agreement negotiations continue in a few hours as Seoul, Korea plays host to the latest round of talks.  The governments have posted the meeting agenda, which unsurprisingly focuses on the issue of Internet enforcement [UPDATE 11/4: Post on discussions for day two of ACTA talks, including the criminal enforcement provisions][UPDATE 11/5: Post on discussions for day three on transparency].  The United States has drafted the chapter under enormous secrecy, with selected groups granted access under strict non-disclosure agreements and other countries (including Canada) given physical, watermarked copies designed to guard against leaks.

Despite the efforts to combat leaks, information on the Internet chapter has begun to emerge (just as they did with the other elements of the treaty). [Update 11/6: Source document now posted]  Sources say that the draft text, modeled on the U.S.-South Korea free trade agreement, focuses on following five issues:

1.   Baseline obligations inspired by Article 41 of the TRIPs which focuses on the enforcement of intellectual property.

2.   A requirement to establish third-party liability for copyright infringement.

3.   Restrictions on limitations to 3rd party liability (ie. limited safe harbour rules for ISPs).  For example, in order for ISPs to qualify for a safe harbour, they would be required establish policies to deter unauthorized storage and transmission of IP infringing content.  Provisions are modeled under the U.S.-Korea Free Trade Agreement, namely Article 18.10.30.  They include policies to terminate subscribers in appropriate circumstances.  Notice-and-takedown, which is not currently the law in Canada nor a requirement under WIPO, would also be an ACTA requirement.

4.   Anti-circumvention legislation that establishes a WIPO+ model by adopting both the WIPO Internet Treaties and the language currently found in U.S. free trade agreements that go beyond the WIPO treaty requirements.  For example, the U.S.-South Korea free trade agreement specifies the permitted exceptions to anti-circumvention rules.  These follow the DMCA model (reverse engineering, computer testing, privacy, etc.) and do not include a fair use/fair dealing exception.  Moreover, the free trade agreement clauses also include a requirement to ban the distribution of circumvention devices.  The current draft does not include any obligation to ensure interoperability of DRM.

5.   Rights Management provisions, also modeled on U.S. free trade treaty language.

Read more ›

November 3, 2009 301 comments News

DFAIT Posts Agenda For November ACTA Meeting

DFAIT has posted the draft agenda for the November ACTA meeting in Seoul, Korea. Internet and criminal enforcement are the lead issues for the three-day meeting.

Read more ›

October 10, 2009 2 comments News