Monday, 31 October 2011

New ACTA Proposal reveals shocking sanctions to Freedom of Information, forcing ISPs to literally monitor your internet usage

Anti-Counterfeiting Trade Agreement

Sources: Wikipedia, Youtube

The Anti-Counterfeiting Trade Agreement (ACTA) is a proposed plurilateral agreement for the purpose of establishing international standards on intellectual property rights enforcement. ACTA would establish a new international legal framework that countries can join on a voluntary basis and would create its own governing body outside existing international institutions such as the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO) or the United Nations Negotiating countries have described it as a response "to the increase in global trade of counterfeit goods and pirated copyright protected works."The scope of ACTA includes counterfeit goods, generic medicines and copyright infringement on the Internet.

Threats to freedom and fundamental human rights

An open letter signed by many organizations, including Consumers International, EDRi (27 European civil rights and privacy NGOs), the Free Software Foundation (FSF), the Electronic Frontier Foundation (EFF), ASIC (French trade association for web 2.0 companies), and the Free Knowledge Institute (FKI), states that "the current draft of ACTA would profoundly restrict the fundamental rights and freedoms of European citizens, most notably the freedom of expression and communication privacy."The Free Software Foundation argues that ACTA will create a culture of surveillance and suspicion. Aaron Shaw, Research Fellow at the Berkman Center for Internet & Society at Harvard University, argues that "ACTA would create unduly harsh legal standards that do not reflect contemporary principles of democratic government, free market exchange, or civil liberties. Even though the precise terms of ACTA remain undecided, the negotiants' preliminary documents reveal many troubling aspects of the proposed agreement" such as removing "legal safeguards that protect Internet Service Providers from liability for the actions of their subscribers" in effect giving ISPs no option but to comply with privacy invasions. Shaw further says that "[ACTA] would also facilitate privacy violations by trademark and copyright holders against private citizens suspected of infringement activities without any sort of legal due process".

The Free Software Foundation (FSF) has published "Speak out against ACTA", stating that the ACTA threatens free software by creating a culture "in which the freedom that is required to produce free software is seen as dangerous and threatening rather than creative, innovative, and exciting."ACTA would also require that existing ISPs no longer host free software that can access copyrighted media; this would substantially affect many sites that offer free software or host software projects such as SourceForge. Specifically the FSF argues that ACTA will make it more difficult and expensive to distribute free software via file sharing and P2P technologies like BitTorrent, which are currently used to distribute large amounts of free software. The FSF also argues that ACTA will make it harder for users of free operating systems to play non-free media because DRM protected media would not be legally playable with free software.

On 10 March 2010, the European Parliament adopted a resolution criticizing the ACTA with 663 in favor of the resolution and 13 against, arguing that "in order to respect fundamental rights, such as the right to freedom of expression and the right to privacy" certain changes in the ACTA content and the process should be made.

Canada

The University of Ottawa's Canadian Internet Policy and Public Interest Clinic filed an access to information request but received only a document stating the title of the agreement, with everything else blacked out.

United States

Both the Bush administration and the Obama administration had rejected requests to make the text of ACTA public, with the White House saying that disclosure would cause "damage to the national security." In 2009, Knowledge Ecology International filed a FOIA (Freedom of Information Act) request in the United States, but their entire request was denied. The Office of the United States Trade Representative's Freedom of Information office stated the request was withheld for being material "properly classified in the interest of national security." US Senators Bernie Sanders (I-VT) and Sherrod Brown (D-OH) penned a letter on 23 November 2009, asking the United States Trade Representative to make the text of the ACTA public.


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I'm not sure what's more concerning, the clear breach of freedoms of speech and information, or the secrecy involved in this proposal itself along with the clear lack of mainstream media coverage. In any case, I urge the people to spread the message and therefore force the media to adopt this story as a serious matter of interest.


Please leave any comments below, I look forward to discussion on this important matter than concerns all of us.

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