nearly two years now, DailyTech has
been covering the Anti-Counterfeiting
Trade Agreement (ACTA), a secret treaty masterminded by the U.S.
government at the behest of media copyright protection
organization. The treaty has many alarming terms
-- warrantless border search and seizures of suspected infringed
content, government internet monitoring, and more. More
alarming is the fact that the U.S. government, of the nations
involved, was perhaps the most vocal in demanding
that the treaty be kept secret from citizens
worldwide.That secrecy is finally over with the official
release of the consolidated
draft text [PDF] of the ACTA. The treaty will be
finalized by the participants -- Australia, Canada, the European
Union countries, Japan, Korea, Mexico, Morocco, New Zealand,
Singapore, Switzerland and the United States of America -- after this
brief public review.The new draft of ACTA has some
interesting changes. First, while it drops mention of a "Three
Strikes" plan for kicking filesharers off the internet,
it now mentions that government can enact legislation to "terminate
or prevent an infringement" -- kick users off the internet.
Thus this in essence covers "three strikes" plans and a
variety of other plans. It also provides support
for legislation "governing the removal or disabling of access to
information" -- essentially pushing for countries to drop
website takedown laws similar to the provisions in the Digital
Millennium Copyright Act in the U.S.The draft also outlaws
"the unauthorized circumvention of an effective technological
measure" -- essentially making it illegal to circumvent Digital
Rights Management technology, even on technology you own. The
only loophole is that the draft states that member nations "may
provide for measures which would safeguard the benefit of certain
exceptions and limitations to copyright and related rights, in
accordance with its legislation." This may allow more
progressive nations to allow DRM-overriding, though it will likely
not apply to the DRM-friendly U.S. government.One good piece
of news is that the draft has a "de minimis" provision
searches, excluding from enforcement, "Small quantities of
goods of a noncommercial nature contained in travelers' personal
luggage." This means that fears of border search and
seizures of iPads or laptops will likely not be realized. What
it does mean is that people visiting countries with lax restrictions
like China may be searched for bootlegs.The draft enacts
harsher punishments for recording new movies with a camcorder.
The draft mandates member nations to make camcording a criminal
offense, but it was noted that "at least one delegation has
asked for the deletion" of the demand.One of the more
alarming portions of the draft is its provision of "imminent
infringement". According to the draft, copyright holders
can demand legal action, claiming infringement is "imminent"
-- even if it hasn't occurred yet. In essence this is creating
the infringement form of thought-crime.The bill also may in
effect criminalize non-profit distribution of P2P engines or hosting
of P2P sites. It states that "willful copyright
infringement" mandates criminal penalties when conducted "on
a commercial scale", even if infringements "have no direct
or indirect motivation of financial gain." This means that
The Pirate Bay folks may be the first of many rebel pirates to serve
prison time.All of these provisions will be effectively
funded by taxpayer dollars of the member states.As mentioned,
the bill will be finalized later this year, so this is the one and
only time for citizens to voice their opinions on it before it
becomes law in the U.S., Europe, and elsewhere.
quote: As mentioned, the bill will be finalized later this year, so this is the one and only time for citizens to voice their opinions on it before it becomes law in the U.S., Europe, and elsewhere.
quote: Like the last bullshit law like these that passed saying joining somebody's unsecure linksys for free wireless is the same as breaking into their house in Florida.
quote: Call your local Congresspeople and Senators' offices. A simple Google search will find their number. Tell your friends to call them.
quote: There's just too much money, too much politics, too much of...something. I don't know what it exactly is, but we have lost our way.
quote: You rule this country, not some bunch of power hungry pinheads
quote: There were more of us that supported a healthcare bill who called. Simple as that. That's why it passed. The system works.
quote: The guys against it lost, and they lost HARD.
quote: As for your ideas on the debt and its relation to health care I have neither the time nor the desire to debate them with you.
quote: Also nowhere did I say this was a bad thing, but because I simply pointed out the facts, I'm racist.
quote: Let me ask you this; did any of the previous presidents win becuase they were white? If Reagan, Bush, or Clinton had been black men, would they have won?
quote: And therin lies the hidden truth that you've wanted to say all along. It's been below the surface of all of your comments about THIS president.
quote: "This black guy won and I'm pissed."
quote: YOU ARE THE ONE WHO BROUGHT UP RACE. Are you that dense?
quote: Really? You neglected to detail where all of your phoney outrage has been all of these years (why has it only come out now with THIS president).
quote: I never called you a racist (before your assinine "Obama won because he was black" nonsense).
quote: I will not directly respond to you in the furure
quote: I really don't understand why the hell the moderators let you get away with your garbage.
quote: You need to take a look in the mirror buddy and let go of the anger; telling people fuck you, calling them names, etc.
quote: A little self-reflection goes a long way. Take care.
quote: Do you even know what being a racist is?
quote: In that one post of yours, you completely dismissed any of Barack's Obama's history and reduced him to being a color.
quote: You've lost every argument you put forth:
quote: 2. You claim that "nobody voted for Obama because of healthcare". False again. Many of people have preexisting health conditions and take healthcare personally. You cannot refute that.
quote: 3. You claim that politicians received more negative calls than positive calls but healthcare still got "rammed" through.
quote: You did not, and tried in a cowardly way to say you had not posted on this board when Bush was in office. This was a lie.
quote: Name calling is the place you go when you can't win an argument? Pathetic.
quote: Sorry guys, elections have consequences far greater than drummed up fear based upon ignorance and a call to your representative, as well they should. Our elected officials have terms of service specifically so that they can exercise their own judgment in the face of public opinion if they feel it is the right thing to do. Considering how poorly informed US public opinion is, particularly on this health care bill, this shouldn't be a shock to anyone.
quote: There were more of us that supported a healthcare bill who called.
quote: The system works.
quote: Well eliminating recission was broadly popular also, so why not include it in a larger bill?
quote: Can you give me an example of what you think should have passed separately that was unpopular?
quote: I haven't seen any evidence that the effective date of the ban on recissions would have ben different if it had passed alone.
quote: Also, your example actually feeds into my point.
quote: I don't have my notes handy, but off the top of my head, I believe those kick-backs were revoked with the signing of the reconciliation bill.
quote: While, I don't condone these deals at all, I recall from earlier research that those deals (Such as the Cornhusker Kickback) were made to states that handled larger amounts of medicare treatment (In proportion to other states), but again, I don't have my notes handy, but please feel free to correct me if I'm wrong.
quote: From what I can recall, "deal" situations like these are not uncommon on either side, the you scratch my back I'll scratch yours isn't uncommon in politics, again, not that I condone it
quote: It works in a manner of speaking, although I would hardly say it works well. Of those that called, how many do you suppose actually read and understood the bill in its entirety? Maybe 1-2%? How well does a system work if people are calling to support something they don't understand?
quote: I believe the author is pandering to paranoia with that statement.
quote: Exactly! The president can agree to anything he wants to, but it has to be approved by Congress.I believe the author is pandering to paranoia with that statement.
quote: It's woeful that people aren't paying attention to how things are run.
quote: The bill also may in effect criminalize non-profit distribution of P2P engines or hosting of P2P sites. It states that "willful copyright infringement" mandates criminal penalties when conducted "on a commercial scale", even if infringements "have no direct or indirect motivation of financial gain."
quote: "the unauthorized circumvention of an effective technological measure"