Monthly Archives: November 2009
|05 Nov 2009||Posted by Corelogik under General|
Heard of ACTA? No? Not surprising, governments and the RIAA along with other “trade” organizations, hope you never do, until you they can hit you over the head with it.
It has been argued that the main thrust of ACTA is to provide safe harbor for service providers so that they may not hesitate to provide information about infringers; this may be used, for instance, to quickly identify and stop infringers once their identities are confirmed by their providers. Similarly, it provides for criminalization of copyright infringement, granting law enforcement the powers to perform criminal investigation, arrests and pursue criminal citations or prosecution of suspects who may have infringed on copyright. It also allows criminal investigations and invasive searches to be performed against individuals for whom there is no probable cause, and in that regard weakens the presumption of innocence and allows what would in the past have been considered unlawful searches. More pressingly, being an international treaty, it allows for these provisions—usually administered through public legislation and subject to judiciary oversight—to be pushed through via closed negotiations among members of the executive bodies of the signatories, and once it is ratified, using trade incentives and the like to persuade other nations to adopt its terms without much scope for negotiation.
Wikipedia not “respectable” enough for you? No problem. How about the Electronic Frontier Foundation?
ACTA is being negotiated by a select group of industrialized countries, outside of existing international multilateral venues for creating new IP norms such as the World Intellectual Property Organization and (since TRIPs) the World Trade Organization. Both civil society and developing countries are intentionally being excluded from these negotiations. While the existing international fora provide (at least to some extent) room for a range of views to be heard and addressed, no such checks and balances will influence the outcome of the ACTA negotiations.
I guess the days of buying politicians is still alive and well. Hell it’s even gone international. Hope all the whiners got what they wanted. Hope you live happily ever after with a bunch of industry corporations dictating policy and your rights to you.