The G8 is meeting next week in Japan, and one of the things on the agenda is the Anti-Counterfeiting Trade Agreement (ACTA). The treaty, proposed by US Trade Representative Susan C. Schwab last October, is being negotiated in secret with Canada, the EU, Japan, Mexico, Korea, New Zealand, and Switzerland.
Thankfully, Wikileaks obtained a copy of a “Discussion Paper” disseminated to entertainment industry lobbyists, and has posted a summary:
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. This clause would also negatively affect transparency and primary source journalism sites such as Wikileaks.
The document reveals 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 hiding behind the issue of false trademarks. 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. The proposal also bans “anti-circumvention” measures which may affect online anonymity systems and would likely outlaw multi-region CD/DVD players.
The proposal also specifies a plan to encourage developing nations to accept the legal regime.
The deal would also set up border guards to be IP cops:
The deal would create a international regulator that could turn border guards and other public security personnel into copyright police. The security officials would be charged with checking laptops, iPods and even cellular phones for content that “infringes” on copyright laws, such as ripped CDs and movies.
The guards would also be responsible for determining what is infringing content and what is not.
The agreement proposes any content that may have been copied from a DVD or digital video recorder would be open for scrutiny by officials — even if the content was copied legally.
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Anyone found with infringing content in their possession would be open to a fine.
They may also have their device confiscated or destroyed, according to the four-page document.
The trade agreement includes “civil enforcement” measures which give security personnel the “authority to order ex parte searches” (without a lawyer present) “and other preliminary measures”.
In Canada, border guards already perform random searches of laptops at airports to check for child pornography. ACTA would expand the role of those guards.
