DRM News

ACTA, or the Anti-Counterfeiting Trade Agreement is  an international trade agreement that would standardize intellectual property rights (IP) enforcement amongst all signatories.

The problem with ACTA is that it is being hammered out in complete secrecy and some of the information that has gotten out about it points to some very scary stuff. Why is it scary? It’s scary because some of the provisions would pretty much violate civil liberties, the right of privacy and the presumption of innocence that constitute the backbone the judicial systems in most modern democracies.

Among the main tenets of ACTA are provisions that would force internet service providers to provide identifying information on suspected copyright infringers at the behest of the rights holder (read the RIAA and similar disliked groups) and without any warrant.

Rights holders  are pushing for a “graduated response” or “three strikes” type of copyright enforcement system whereby a person can lose his or her internet connection for repeated copyright violations…three to be precise. While it appears that the final “strike” of complete disconnection must be administered by judge, it is uncertain what sort of proof, if any, would be required.

Also on the table are provisions to allow for random searches of laptops, digital music devices, and cell phones  by security personnel at airports and borders for illegally downloaded materials. By random, I mean random…no probable cause needs to be established. If any are found, and what would constitute an illegal download is unclear,  the security personnel would be allowed to confiscate the device and fine the owner.

The scariest part of all of this is that there appears to be some talk of actually criminalizing file sharing. Think about it. Think about being charged with a crime just because some group, like the RIAA says you have violated the law. The standard of proof for bringing criminal charges is unclear, but from what I can tell from the leaked documents, it appears to be more in line with a  kangaroo court rather than in accordance to the rules for fair due process.

Because the ACTA dealings are being conducted in complete secrecy and what little is known about it has come from leaked documents that may or may not have become incorporated into the treaty, it is impossible to say with any accuracy what the treaty will contain. What is clear is that some of the provisions being discussed border on the totalitarian and for this reason, everyone should be pressing their respective governments to make the negotiations public.

27 EU member states, the UK, New Zealand, Australia, and Canada have gone on record as being in favor of greater transparency in ACTA negotiations. The other nations that are participating, Jordan, Mexico, Morocco, Republic of Korea, Singapore and the United Arab Emirates haven’t stated their feelings on the subject. Ron Kirk of the Office of United States Trade Representative (USTR) has stated that some countries would walk away from treaty talks if the text was made available to the public. The names of these countries have not been released.