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ACTA Draft: No Internet for Copyright Scofflaws

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David Kravets, Wired.com
March 24, 2010

The United States is nudging the international community to develop protocols to suspend the internet connections of customers caught downloading copyrighted works, according to a leaked draft of the Anti-Counterfeiting Trade Agreement.

The United States is leading the 2-year-old, once-secret negotiations over the so-called ACTA accord. The Jan. 18 draft, about 56 pages and labeled “confidential,” just surfaced, and follows a string of earlier, less comprehensive leaks.

The leak shows that the treaty, if adopted under the U.S. language, would for the first time on a global scale hold internet service providers responsible when customers download infringing material, unless those ISPs take action by “adopting and reasonably implementing a policy to address the unauthorized storage or transmission of materials protected by copyright or related rights.”

The specific ISP policy suggested in a footnote “is providing for the termination in appropriate circumstances of subscriptions and accounts on the service provider’s system or network of repeat infringers.”

This so-called “three strikes” or “graduated response” policy, is the holy grail of internet-copyright enforcement, staunchly backed by the Motion Picture Association of America and the Recording Industry Association of America.

“This makes it clear that the U.S. has put on the table a mandatory ISP safe-harbor policy,” Michael Geist, an ACTA expert at the University of Ottawa, said in a telephone interview.

The leak, courtesy of the French digital rights group La Quadrature du Net, marks the first time the entirety of the ever-changing draft proposal has come to light, and it confirms suspicions that the Obama administration is laundering a U.S. policy change through the treaty negotiations. Under the current U.S. law, the Digital Millennium Copyright Act, internet service providers are responsible for the infringing material hosted on their networks if they fail to remove the content at the rightsholder’s request.

The ACTA draft comes two weeks after European Parliament agreed to oppose the measure if it contained a three-strikes policy.

Other negotiating entities include Australia, Canada, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore and Switzerland. The ACTA negotiators are expected to meet next month in New Zealand for a new round of talks.

Source | See also under Internet: UK Budget 2010: Darling puts emphasis on broadband for all | Entire Text of ACTA Treaty Leaks to Online Rights Website | Google reroutes uncensored search to Hong Kong, raises stakes in row with China | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Net produces new generation of human rights activists in China | U.S. cybersecurity bill introduced in Senate | Copyright conviction raises privacy concerns | U.S. feds snooping on Facebook | MP Charlie Angus Introducing Private Copying Levy Bill, Flexible Fair Dealing Motion | Secret Document Calls Wikileaks ‘Threat’ to U.S. Army | Pot, Palin and prorogation: Stephen Harper gets grilled on YouTube | Government Internet Censorship Begins In Stealth In New Zealand | PM turns to YouTube — and takes questions | EU Parliament votes down ACTA global copyright resolution by overwhelming margin | Cyber-bullying cases put heat on Google, Facebook | Cyberattacks push CSIS to reach out to business | United States weighs massive expansion of Internet monitoring | Cyberwar Hype Intended to Destroy the Open Internet | UK: Open Wi-Fi ‘outlawed’ by Digital Economy Bill | Cryptome.org Leaks Microsoft Online Surveillance Guide, MS Demands Takedown Under Copyright Law | Italy Convicts Google Execs over Youtube Video of Downs Syndrome Boy | China launches interview requirement, licensing for personal websites | More Details Emerging About School Laptop Spying, And It Doesn’t Look Good | School Spycams Case Explodes As Feds Initiate Probe | ACTA Internet Chapter Leaks: Renegotiates WIPO, Sets 3 Strikes as Model | Pennsylvania schools spying on students using laptop Webcams, claims lawsuit | Google Books Fosters Intellectual, Legal Crossroads | Google Bans Sale of DVD Critical Of Obama Administration | EU Already Has A ‘Public/Private’ IP Observatory To Watch For Copyright Infringement Online | Google shuts down music blogs without warning | Activists Shut Down Australian Government Websites in Internet Filter Protest | ACTA Is Called An ‘Executive Agreement’ To Implement Restrictive Copyright With Less Hassle Than A Treaty | Swedish Justice Minister reluctant to store internet user’s data | Google, NSA may team up to probe cyberattacks | Hollywood loses landmark copyright case in Australia | Police want backdoor to Web users’ private data | Time Magazine Pushes Draconian Internet Licensing Plan | UN agency calls for global cyberwarfare treaty, ‘driver’s license’ for Web users | CBC’s new licencing plan: Pay to Print, Email, and Blog, and outsource enforcement to American Copyright Digital Rights Bounty Hunters | ACTA One Step Closer To Being Done; Concerns About Transparency Ignored | Internet companies voice alarm over Italian copyright law | UK MPs frozen out of super-secret ACTA copyright talks | China Google Hack Exploited Security Gaps Introduced By State Surveillance Provisions | Privacy watchdog wants public input on social networking sites | Obama Information Czar Calls For Banning Free Speech | Obama Information Czar Outlined Plan For Government To Infiltrate ‘Conspiracy Groups’ | China tells web companies to obey controls | Google Considers Leaving China If China Will Not Allow Uncensored Search | Reading Between The Still Secret Lines Of The ACTA Negotiations | Privacy no longer a social norm, says Facebook founder | UK: Telecom firms’ fury at plan for ‘Stasi’ checks on every phone call and email | China Imposes New Internet Controls | Death Of The Internet: Censorship Bills In UK, Australia, U.S. Aim To Block “Undesirable” Websites | Facebook Privacy Changes Break the Law, Privacy Groups Tell FTC | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Australia introduces web filters | We’re no thieves — despite what Rupert Murdoch claims, says Google | Google allows publishers to limit free content | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | Geist: Will web child-porn bill do more harm than good? 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18 Responses to “ACTA Draft: No Internet for Copyright Scofflaws”

  1. statism watch » Blog Archive » CETA worse than ACTA – EU Trade Negotiators Demand Canada Completely Overhaul Its Intellectual Property Laws Says:

    [...] How about “no” and “get stuffed” as two potential approaches to answering the question? See also the thread on ACTA here. [...]

  2. statism watch » Blog Archive » Official ACTA Draft Released, Only Very Slightly Less Awful Than Expected Says:

    [...] and SWAT teams | Thousands condemn secrecy of New Zealand round of internet copyright talks | ACTA Draft: No Internet for Copyright Scofflaws | Entire Text of ACTA Treaty Leaks to Online Rights Website | Revealed: ACTA to cover seven [...]

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