statism watch

Flashback: MPAA Says Critics of Secret Copyright Treaty Hate Hollywood | ACTA Threatens Made-in-Canada Copyright Policy | More ACTA Details Leak: It’s An Entertainment Industry Wishlist | Six Days Left: Canadian Net Users Caught As Copyright Consultation Nears Conclusion | MP Charlie Angus on copyright: industry lobby pulling for ‘dead business model’ | Ottawa denies altering public’s ECopyright Consultation submissions | Security guards stop MPs, students from distributing fair use flyers at Toronto copyright townhall | Can The Public Be Heard On Copyright Issues? | Copyright Consultation Launches: Time For Canadians To Speak Out | Third stab at copyright law ‘reform’ to kick off with consultations | Time to slay Canadian file-sharing myths | Canadian copyright lobbyists leaned on “independent” researchers to change report on file-sharing | Think tank plagiarizes, pulls report on Canadian piracy | Obama Administration Claims Copyright Treaty Involves State Secrets | Latest Round of Closed-Door ACTA Copyright Negotiations Wrap Up | Digital rights groups sue for access to secret ACTA treaty | Critics waging a cyber offensive to fight copyright changes | Canadian Industry Minister lies about Canadian DMCA on national radio, then hangs up | The Canadian DMCA: Check the Fine Print | Government ready to drop copyright bomb | Transparency needed on ACTA | Revamped copyright law targets electronic devices | New Attempt to Align Canada’s Copyright Act with USA Coming Soon | Canadian DMCA To Be Introduced Tomorrow Morning?

Michael Geist, MichaelGeist.ca
November 30, 2009

The European Commission analysis of ACTA’s Internet chapter has leaked, indicating that the U.S. is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law (the EC posted the existence of the document last week but refused to make it publicly available). The document contains detailed comments on the U.S. proposal, confirming the U.S. desire to promote a three-strikes and you’re out policy, a Global DMCA, harmonized contributory copyright infringement rules, and the establishment of an international notice-and-takedown policy.

The document confirms that the U.S. proposal contains seven sections:

Paragraph 1 – General obligations. These focus on “effective enforcement procedures” with expeditious remedies that deter further infringement. The wording is similar to TRIPs Article 41, however, the EU notes that unlike the international treaty provisions, there is no statement that procedures shall be fair, equitable, and/or proportionate. In other words, it seeks to remove some of the balance in the earlier treaties.

Paragraph 2 – Third party liability. The third party liability provisions focus on copyright, though the EU notes that it could (should) be extended to trademark and perhaps other IP infringement. The goal of this section is to create an international minimum harmonization regarding the issue of what is called in some Member States “contributory copyright infringement”. The U.S. proposal would include “inducement” into the standard, something established in the U.S. Grokster case, but not found in many other countries. This would result in a huge change in domestic law in many countries (including Canada) as the EU notes it goes beyond current eu law.

Paragraph 3 – Limitations on 3rd Party Liability. This section spells out how an ISP may qualify for a safe harbour from the liability established in the earlier section. These include an exemption for technical processes such as caching. As reported earlier, ACTA would establish a required notice-and-takedown system, which goes beyond Canadian law (and beyond current EU law). Moreover, ACTA clearly envisions opening the door to a three-strikes and you’re out model, as the EU document states:

EU understands that footnote 6 provides for an example of a reasonable policy to address the unauthorized storage or transmission of protected materials. However, the issue of termination of subscriptions and accounts has been subject to much debate in several Member States. Furthermore, the issue of whether a subscription or an account may be terminated without prior court decision is still subject to negotiations between the European Parliament and the Council of Telecoms Ministers regarding the Telecoms Package.

Paragraph 4 – Anti-circumvention Provisions. ACTA would require civil and criminal penalties associated with anti-circumvention provisions (legal protection for digital locks). The EU notes that this goes beyond the requirements of the WIPO Internet treaties and beyond current EU law which “leaves a reasonable margin of discretion to Member States.” The EU also notes that there is no link between the anti-circumvention provisions and copyright exceptions. The U.S. proposal also requires the anti-circumvention provisions to apply to TPMs that merely protect access to a work (rather than reproduction or making available). This would again go beyond current EU law to include protection against circumventing technologies like region coding on DVDs. From a Canadian perspective, none of this is currently domestic law. As previously speculated, the clear intent is to establish a Global DMCA.

Paragraph 5 – Civil and Criminal Enforcement of Anti-Circumvention. This section requires both civil and criminal provisions for the anti-circumvention rules, something not found in the WIPO Internet treaties. The anti-circumvention provisions are also designed to stop countries from establishing interoperability requirements (ie. the ability for consumers to play purchased music on different devices). The EU notes that this not consistent with its law, which states “Compatibility and interoperability of the different systems should be encouraged.” Of course, might reasonable ask why such a provision is even in ACTA.

Paragraph 6 – Rights Management Information protection. This section includes similar criminal and civil requirements for rights management information.

Paragraph 7 – Limitations to Rights Management Information protection.

In summary, the EU analysis confirms the earlier leak (though the Internet chapter has seven sections, rather than five). The fears about the U.S. intent with respect to ACTA are confirmed – extending the WIPO Internet treaties, creating a Global DMCA, promoting a three-strikes and you’re out model, even stopping efforts to create interoperability mandates. ACTA would render current Canadian copyright law virtually unrecognizable as the required changes go far beyond our current rules (and even those contemplated in prior reform bills). This begs the question of whether the Department of Foreign Affairs negotiation mandate letter really goes this far given the domestic changes that would be required. This latest leak also reinforces the need for all governments to come clean – releasing both the ACTA text and government analysis of the treaty should be a condition of any further participation in the talks.

Source | See also under Internet: Geist: Will web child-porn bill do more harm than good? | Obama Wants Computer Privacy Ruling Overturned | MPAA Says Critics of Secret Copyright Treaty Hate Hollywood | NSA Is Giving Microsoft Some Help On Windows 7 Security | ACTA Threatens Made-in-Canada Copyright Policy | Google’s digitization of books | UK Internet surveillance plan to go ahead | FOX News owner’s media empire could block Google searches entirely | Cuban blogger claims she was roughed up by state agents | More ACTA Details Leak: It’s An Entertainment Industry Wishlist | UK: Music filesharers ’spend the most on music’, says poll | UK Business Secretary sets date for blocking filesharers’ internet connections | The bait and switch: EU now to endorse internet disconnection for ‘piracy’ | CRTC allows network throttling as ‘last resort’, encourages pay per use, bandwidth caps | UK: 70% oppose internet ban for filesharers, poll shows | Security boss calls for end to net anonymity | UN Urges International Action on Cyber Security Threat | Think before you post, privacy czar says | Judge in Pirate Bay Appeal Removed for Bias | Case for Internet spying not closed | US ‘to loosen’ grip on internet | U.S. moves to adopt 6 net neutrality rules | Tech giants respond to Media with ideas on charging readers for news online | Planned Internet, wireless surveillance laws worry watchdogs | Six Days Left: Canadian Net Users Caught As Copyright Consultation Nears Conclusion | Chamber of commerce draws fire for backing Bell, Telus on Net reseller speed limits | It’s a great day for freedom of speech: ‘Hate Speech’ laws found to violate Charter Rights | Keeping Google out of libraries | Cyber Bullying Case Officially Dismissed for Vagueness | MP Charlie Angus on copyright: industry lobby pulling for ‘dead business model’ | Ottawa denies altering public’s ECopyright Consultation submissions | Security guards stop MPs, students from distributing fair use flyers at Toronto copyright townhall | Bill would give president emergency control of Internet | Bush’s Search Policy For Travelers Is Kept | ACLU Sues US Department of Homeland Security over Border Laptop Searches | Facebook to make privacy changes, keep user data indefinitely if not deleted | UK Government to consider internet disconnection policy, restrictions | CRTC wants internet pricing answers from Bell | Reuters Steps Up; Says Linking, Excerpting, Sharing Are Good Things For The News | Former copyright lobbyist is Obama’s top pick for US Attorney | UK ISPs condemn Internet surveillance plans | Can The Public Be Heard On Copyright Issues? | Associated Press Tries To DRM The News | iPods, Internet won’t end dictatorship | Copyright Consultation Launches: Time For Canadians To Speak Out | Third stab at copyright law ‘reform’ to kick off with consultations | Facebook violates privacy law: watchdog | Cyber Attacks Traced to the U.S., Britain | Don’t regulate traffic management, Internet providers argue | Yahoo! protects user privacy — and gets fined by Belgium | French Senate passes revamped ‘anti-piracy’ bill | Lazy Hacker and Little Worm Set Off Korean Cyberwar Media Frenzy | Net Neutrality hearings begin with conflicting claims | Internet speed control faces scrutiny at CRTC hearings | Murdoch CEO Labels Bloggers “Political Extremists” | Should linking be illegal? | Psiphon braintrust: Ottawa needs a strategy for cyberwar | US ‘concerned’ over cyber threat | Pirate Bay Retrial Denied | UK to found new ‘cyber-security’ units attached to national eavesdropping centre | US Cyber Security Czar Front-Runner No Friend of Privacy | ISPs must help police snoop on internet under new bill | The dawn of Internet censorship in Germany | Twitter emerges as news source during Iran media crackdown | UK plans to integrate ‘cybersecurity’ centre with US, Canada | Prepare to be boarded! Pirate Party wins entry to European Parliament | Stockholm Court: Pirate Bay Judge ‘Unbiased’ | Time to slay Canadian file-sharing myths | CRTC keeps new media exempt from broadcasting regulation | Canadian copyright lobbyists leaned on “independent” researchers to change report on file-sharing | China begins internet ‘blackout’ ahead of Tiananmen anniversary | UK chases Obama on cybersecurity | Cybersecurity Is Framework For Total Government Regulation & Control Of Our Lives | Think tank plagiarizes, pulls report on Canadian piracy | Obama Set to Create A Cybersecurity Czar With Broad Mandate | Next up for France: police keyloggers and Web censorship | France passes ‘three strikes’ Internet surveillance law | Canadian Parliament Threatens People For Posting Video Of Proceedings Online | EU wants ‘Internet G12′ to govern cyberspace | UK Home Secretary has secret plan to surveil, ‘Master the Internet’ | UK wants industry to track Internet users as plans scrapped for state database | Fredericton police arrest well-known N.B. blogger on legislature grounds | Pirate Bay lawyer calls for retrial after judge confirms ties to copyright groups | Jail terms for Pirate Bay founders, appeal in works | French legislators reject internet piracy bill | Put NSA in Charge of Cyber Security, Or the Power Grid Gets It | Electricity Grid in U.S. Penetrated By Spies | Pentagon spending millions to fix cyberattacks | Aussies Announce $31B National Broadband Network | Britons block Google Street View van | Should Obama Control the Internet? | Cybersecurity law would give feds unprecedented net control | Munk Centre researchers discover botnet, call for international cyberspace ‘legal regime’ | Google Street View comes to Canada | In Australia, censored hyperlinks could cost you | ISOHunt points out Google, Yahoo torrent engines too | Obama Administration Claims Copyright Treaty Involves State Secrets | Internet ad tracking system will put a ’spy camera’ in the homes of millions, warns founder of the web | French government accused of ‘Big Brother’ tactics over internet piracy | Australian web censorship plan to begin trial despite house opposition | Time to regulate online content, cultural groups tell CRTC | Facebook’s Users Ask Who Owns Information | Do We Need a New Internet? | New law to give police access to online exchanges | Chinese Learn Limits of Online Freedom as the Filter Tightens | Britain unveils plans for nationalized internet service | Google plans to make PCs history | EU Police set to step up warrantless hacking of home PCs | Defense Contractors See $$$ in Cyber Security | UK Culture secretary wants international age restrictions for web | Protests in Australia over proposal to block Web sites | Latest Round of Closed-Door ACTA Copyright Negotiations Wrap Up | China restarts online crackdown | CRTC Internet regulation proposals take shape | Cyberbullying verdict turns rule-breakers into criminals | Felony hacking precedent not set in case of Myspace cyberbully | Myspace terms of use could become fulcrum for destruction of online anonymity in precedent setting case | Bell can squeeze downloads, CRTC rules | Australia to Implement Mandatory Internet Censorship | Microsoft patents web moderator robots, forbidden phrases to be memory-holed | CRTC to consider Internet regulation, invites public comment | RCMP to helm a Canadian “cyber-security strategy” | Is an Internet tax coming? | Italian Judge: Blogs are Illegal | Digital rights groups sue for access to secret ACTA treaty | Berners-Lee W3C Consortium to ‘Authorize’ Website Content? | Digital issues deserve spot in election campaign | Critics waging a cyber offensive to fight copyright changes | Law Professor tells tech conference: plans to shut down Internet already on deck | Bell continues throttling Internet, proposes bandwidth caps for resellers | Rogers Looks For New Ways To Annoy Customers, Hijacks Failed DNS Lookups | MySpace signs up to OpenID scheme | Vint Cerf blasts ISPs for choking off internet infrastructure | Bell’s internet throttling illegal, Google says | Canadian Industry Minister lies about Canadian DMCA on national radio, then hangs up | The Canadian DMCA: Check the Fine Print | Government ready to drop copyright bomb | Transparency needed on ACTA | Net neutrality bill hits House of Commons | Revamped copyright law targets electronic devices | New Attempt to Align Canada’s Copyright Act with USA Coming Soon | CRTC revisits Internet oversight | Bell accused of privacy invasion | Canada Considering “Three Strikes and You’re Out” ISP Policy | Canadian DMCA To Be Introduced Tomorrow Morning?

This entry was posted on Monday, November 30th, 2009 at 6:02 pm and is filed under globalization, law, media, privacy, prohibitions, sovereignty. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.