The Dutch Minister of Economic Affairs Van der Hoeven has issued a release calling for ACTA transparency. Van der Hoeven adds that a three-strikes system is unacceptable.
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Canada vs. New Zealand at the ACTA Talks
Yesterday's ACTA leak that provides full detail on each country's negotiation position attracted immediate media attention, with the New Zealand press picking up on the story (and that country's tough position), while the Australian press lamented their country's relative silence at the negotiation table. And what of Canada? The Canadian positions on the Internet chapter culled from the EU leaked document are:
- expresses concern with the disparity between the section title and the scope of content of the section
- seeks clarification of the scope of "related rights" in provision dealing with a general enforcement obligation. Argues that it should be consistent with the Criminal and Civil Enforcement chapters
- concerns with a footnote on third party liability that seeks to define its scope. Canada notes that the footnote effectively changes the meaning of the main text.
- seeks more information on the scope of "modification" to the content in a provision on online service providers
- notes that the relationship between third party liability and ISP limitation on liability is unclear
- seeks clarification of the relationship of anti-circumvention exceptions to access control measures
That's it. Compare the Canadian focus on clarifications of legal language and hints at opposition with the far-tougher, more explicit New Zealand positions:
ACTA Issues Heats Up in Denmark
Last week's revelation that Denmark is one of the countries blocking ACTA transparency has stirred up media attention in that country. The issue was covered by the national broadcaster and in the press.
New Zealand Launches ACTA Consultation
The New Zealand government has launched a new ACTA consultation, seeking feedback on the Internet enforcement chapter. The deadline for submissions is March 31, 2010.
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