May 23 2008

US Proposes ‘Pirate Bay Killer’ Trade Agreement

  • Written by soulxtc
  • 12 Comments


If adopted, the Anti-Counterfeiting Trade Agreement (ACTA) treaty would impose a strong, top-down enforcement regime imposing new cooperation requirements upon ISPs, including perfunctory disclosure of customer information, as well as measures restricting the use of online privacy tools.

The US is proposing a multi-lateral intellectual property trade agreement proposal called the Anti-Counterfeiting Trade Agreement (ACTA) “Discussion Paper on a Possible anti-Counterfeiting Trade Agreement”, circa October 2007. The agreement covers the copying of information or ideas in a wide variety of contexts. For example page three, paragraph one is a “Pirate Bay killer” clause designed to criminalize the non-profit facilitation of unauthorized information exchange on the internet, which would also negatively affect transparency sites such as Wikileaks.

The document details is a proposal for a multi-lateral trade agreement of strict enforcement of intellectual property rights related to Internet activity and trade in information-based goods. If adopted, a treaty of this form would impose a strong, top-down enforcement regime, with new cooperation requirements upon internet service providers, including perfunctionary disclosure of customer information and a ban on anti-circumvention measures.

The proposal also specifies a plan to encourage developing nations to accept the legal regime.

The source states that trade representatives intend to formalize the agreement at the G-8 summit in July 2008.

The following summary of the trade agreement issue is from IP Justice, an international group directed from San Francisco group that fights for a just world intellectual property regime:

FROM WIKILEAKS:

In 2007 a select handful of the wealthiest countries began a treaty-making process to create a new global standard for intellectual property rights enforcement, the Anti-Counterfeiting Trade Agreement (ACTA). ACTA is spearheaded by the United States, the European Commission, Japan, and Switzerland — those countries with the largest intellectual property industries. Other countries invited to participate in ACTA’s negotiation process are Canada, Australia, Korea, Mexico and New Zealand. Noticeably absent from ACTA’s negotiations are leaders from developing countries who hold national policy priorities that differ from the international intellectual property industry.

After the multi-lateral treaty’s scope and priorities are negotiated by the few countries invited to participate in the early discussions, ACTA’s text will be “locked” and other countries who are later “invited” to sign-on to the pact will not be able to re-negotiate its terms. It is claimed that signing-on to the trade agreement will be “voluntary”, but few countries will have the muscle to refuse an “invitation” to join, once the rules have been set by the select few conducting the negotiations.

The US is negotiating ACTA through the Office of the US Trade Representative (USTR), an office within the Bush Administration that has concluded more than 10 “free trade” agreements in recent years, all of which require both the US and the other country to increase intellectual property rights enforcement measures beyond the international legal norms in the WTO-TRIPS Agreement.

As of 25 March 2008, no draft text has been published yet to provide the public with substance of the proposed international treaty. A “Discussion Paper on a Possible Anti-Counterfeiting Trade Agreement” was reportedly provided to select lobbyists in the intellectual property industry, but not to public interest organizations concerned with the subject matter of the proposed treaty.

Once again the entertainment industry is doing all it can to meddle in the affairs of sovereign countries and make ISP into gatekeepers of data rather than than conduits to it.

Related Posts

  1. Anti-Piracy Treaty: Global DMCA, “Three-Strikes”
  2. Senators Push for Transparency for ACTA
  3. Consumer Groups Want to Halt ACTA Negotiations
  4. ACTA Negotiations to Continue Next Week
  5. US Advocacy Organizations Sue Government to Make ACTA Public
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Comments

  1. skylinegtrztune

    HEHE HEE im scared…tell that to china

  2. nonejdjdjd

    First they should start with cutting off their own internet.

  3. DrewWilson

    The question is will Swedish authorities go for it? Their MEP stopped the “three-strikes” rule written by the French dead in its tracks. Remember the raids that happened? People stormed the streets of cities like Stockholm protesting the US intervention. I doubt that Swedish citizens will be more willing to allow US intervention in their this time around either.

  4. binsymusic

    How about if the companies who own intellectual property actually bother to utilize the potential of the internet for themselves as well as consumers. There is so much potential out there they should use it instead of trying to restrict everything. Half these “pirate” communities wouldnt exist if the industries actually gave consumers what they want… They should provide innovative solutions not impose and restrict laws and technology

  5. DrewWilson

    I read through the leaked document and it looks like some of the provisions are partially aimed at Canada. You can read how they are demanding that ISPs hand over customer information upon notice of a claim of copyright infringement. Imagine a world where you can win lawsuits based solely on an accusation. The world of innovation would cease to exist!

  6. Mord_Sith

    I for one would hit the streets here in the ‘Peg if that actually came to pass I’m sorry but if I can accuse someone of stealing my idea of a can with a feather in it and see all their private data that’s just plain wrong privacy exists for a reason and not so that the moguls of the entertainment industry can trample them when they see fit after making use of them for their own dealings.

  7. DrewWilson

    Michael Geist is now just reporting on this: http://www.michaelgeist.ca/content/view/2955/125/

    He has some thoughts on the matter as well if anyone is interested.

  8. mountain_rage

    Never expected another Pegger on here weird…

  9. BFeely

    Implement the proposal and the world economy will probably collapse more than it already has.

  10. LogicallyGenius

    We dot need Piratebay anymore. Its redundant now since we got cubit

    http://www.cs.cornell.edu/~bwong/cubit/

  11. freeloader105

    I find it hard to believe that all these developed nations would volunteer to become susceptible to someone else’s scrutiny and surveillance of their internet activities. I think most countries would want as much autonomy as possible. This is not a step in the right direction just from that perspective alone.

  12. Shackles

    Haha wow is there a bull? Because I sure smell a lot of bullshit. Even if the United States does get ISPs to block ‘piate’ sites off their network there are still other ways the public can access it. Just the fact that the RIAA are going to these measures makes me laugh. They’ve already tried shit like this before and they’ve failed horribly.

    The Revolution is Here. Onward with Piracy!

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