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The Anti Counterfeiting Trade Agreement may be place by the end of 2008

DailyTech was among the first to break news of the Anti Counterfeiting Trade Agreement.  The international agreement, to which details were being ironed out, would demand investment in large policing organizations to "bust" those who download and share music and movies.

The bill was well received at the G8 meeting, the meeting of the world's largest economic superpowers which takes place each July.  The G8 published a document entitled "Declaration on the World Economy".  The document contains a section "Protection of Intellectual Property Rights", which contains the following update on the status of the ACTA legislation:

We encourage the acceleration of negotiations to establish a new international legal framework, ACTA, and seek to complete the negotiation by the end of this year.

Thus it appears that ACTA may be set in place by the end of the year.  The new policy allows random warrantless search and seizures at the border.  Under ACTA, border patrol agents will be able to seize peoples’ laptops, iPods, and other electronics which they suspect contain illegally-obtained media.  If the border patrol thinks they've found such media on the devices, they are authorized to destroy them at their discretion.

The law may affect many due to the heavy prevalence of file sharing and other forms of copyright infringement in the U.S. What may surprise some, however, is that such seizure provisions are already in place albeit in a different form.

Recently released information reveals that the Department of Homeland Security has been granted the power to without any suspicion of wrongdoing seize travelers’ "device(s) capable of storing information in digital or analog form," including “hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes" as well as "all papers and other written documentation."  After seizure, the materials may be taken off site.  The contents of the laptops can then be shared with other agencies and/or private entities for language translation, data decryption or other reasons.

The policies were apparently put in place July 16 by two DHS agencies: U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.  They have existed in a similar, but undocumented form previously.  Interestingly, while the policy contains provisions to protect business information and attorney-client privileged material, they have no provisions to protect personal medical records or other personal data like financial records.

Privacy advocacy groups are outraged and considering legal action.  "They're saying they can rifle through all the information in a traveler's laptop without having a smidgen of evidence that the traveler is breaking the law," said Greg Nojeim, senior counsel at the Center for Democracy and Technology.

Some in the U.S. government are condemning the privileges and demanding a probe into whether the government is using its power to abuse citizens’ rights.  They argue that just cause, one of the foundations of the U.S. government is being trampled.  "The policies . . . are truly alarming," said Sen. Russell Feingold (D-Wis.).

Sen. Feingold will soon be proposing legislation to require reasonable suspicion at border searches and ban profiling based on race, religion or national origin, which is thought to occur.

On the other side of the fence is the Department of Homeland Security which argues that the measures are necessary to protect against terrorism.  Customs Deputy Commissioner Jayson P. Ahern stated that the policies "do not infringe on Americans' privacy."  He argues that the policy predates the war on terror, stating that the government has long had "plenary authority to conduct routine searches and seizures at the border without probable cause or a warrant" to prevent drug traffic and transportation of other contraband.

Homeland Security Secretary Michael Chertoff voiced his opinions in support of the bill in a strongly worded editorial in USA Today, in which he says that the searches have "violent jihadist materials" as well as child porn.  He also argues that "the most dangerous contraband is often contained in laptop computers or other electronic devices."

He says unfortunately, travelers themselves cannot be detained without suspicion, stating that "as a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion."  He, however, warned, "Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers' often split-second assessments are second-guessed."

Those looking to challenge the policies in court will have a tough road ahead.  The seizures without suspicion were upheld in the U.S. Court of Appeals for the 9th Circuit in San Francisco, setting a legal precedent.

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Is anyone else growing tired???
By NeoConned08 on 8/3/2008 9:37:31 PM , Rating: 5
Just one more straw on the camel's back. Now we get to choose between a socialist or a fascist for our next president.

I can only imagine how the US is going to look when the next "terrorist" attack occurs.....which is inevitably going to happen.... seeing as how we pre-emptively attacked and occupied a country that had absolutely nothing to do with 9/11.

"Naturally, the common people don't want war; neither in Russia nor in England nor in America, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy or a fascist dictatorship or a Parliament or a Communist dictatorship. ...voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country." -Herman Göring, Nazi War Criminal during the Nuremberg Trials




RE: Is anyone else growing tired???
By Darkefire on 8/3/2008 11:04:51 PM , Rating: 3
The scariest part of all this is how little people realize until they're the ones in the crosshairs, at which point it's too late. Frankly, I'll vote for the socialist at this point; at the very least, he's promising to make the government work for society, instead of promising to make the government "protect" society. I think we've had just about all the protection we can stomach over the past eight years, and I hope the American public has finally woken up to the realization that 1984 is no longer just a scary story, but a technological reality. Parting with an extra $50 a year is a small price to pay if I know the guy in office isn't using it to pad a military budget or pay for yet another unconstitutional wiretap.

I dearly hope ACTA gets shot to pieces soon (along with all the other RIAA/MPAA-sponsored IP legislation), but I suspect it won't take long after the first laptop is seized that the whole mess comes crashing down. Telling people you're going to be relieving them of their $2,000 laptop or their $300 i-Pod because you can't prove that you own everything on there is quite a bit different than taking a bag of fruit or a sandwich.


RE: Is anyone else growing tired???
By rudolphna on 8/3/2008 11:38:27 PM , Rating: 3
Totally 100% agree with everything you said there. Especially that last bit. They aint taking my $3000 laptop because i have some non-DRM songs in itunes.


By jtesoro on 8/6/2008 12:58:13 AM , Rating: 2
I won't take sides in the heated political debate below (be warned, dear readers), but I think that in the "war on terror", the terrorists are winning. The techniques that the US is using to combat them is causing the country to lose what it's supposedly fighting for: freedom.

The US is the land of the free? It's getting less and less so.


RE: Is anyone else growing tired???
By FITCamaro on 8/4/2008 6:23:48 AM , Rating: 2
Wow. Idiots like you make me fear for this country. Please move to Europe if you want the kind of government Obama would like to realize.

It's the job of the president to protect this country numb nuts. So whether Obama or McCain is president, its still their job to do it. Just which do you think will do it better?

Way to believe the liberal media that McCain is a war monger though. "Oh he said he could see our troops in Iraq for 100 years! He wants to be at war for 100 years!" Is there something you eat that makes you that stupid? So I can avoid it. McCain is far from perfect but at least he supports getting us off foreign oil in a way that doesn't kill the economy and destroys American's ability to get to work and buy food.

You're right though. Obama is nothing but a socialist. One that will make the debt soar to all new heights with his proposed programs that will have no way to be paid for even with his tax increases. We're already in deep shit for the entitlement programs we're on the hook for now. And he just wants to expand and expand them and add all new ones.


RE: Is anyone else growing tired???
By frobizzle on 8/4/08, Rating: -1
RE: Is anyone else growing tired???
By FITCamaro on 8/4/2008 11:02:42 AM , Rating: 2
Because universal health care is nothing but a massive redistribution of wealth. It takes money from those who pay taxes, and gives it to those who don't in the form of health care. It creates a situation where people CAN'T get the health care they want or need because there's either a line they have to wait in or, if they want to pay for it, they can't.

Look at Oregon in the recent news. Oregon pretty much has a statewide health care system akin to universal health care. Recently a lady was told that the system would not cover the medication for her lung cancer that reappeared. But she was told that the system would cover assisted suicide. So we'll help you kill yourself (which gets you off the system) but we won't give you the medication that helps you stay alive.... Now under a private system you have the option of getting that medication covered under your health care plan depending on what kind of coverage you get. Luckily one of those evil bastard profit making drug companies stepped in and gave the lady the medication for free.

http://www.catholicnewsagency.com/new.php?n=12857

Look at Britain with its dental system and waits for surgery. You often have to wait for a year or more for surgery. Nor do you get the semi-annual or annual checkups you typically get here in the US. And getting a dental visit is practically impossible from what I've heard from co-workers who lived over there. And there are no private doctors should you choose and the money to pay for it.

Yes universal health care sounds great. I'll get worse health care than what I have now (I have good health care). And I get to pay for my own as well as everyone else's. Both other people who pay for it and those who don't. No thank you. I pay for quite enough for other people already.


RE: Is anyone else growing tired???
By maven81 on 8/4/08, Rating: -1
RE: Is anyone else growing tired???
By FITCamaro on 8/4/2008 11:18:44 AM , Rating: 2
And how do they make it cheaper dumbass? By subsidizing it with tax dollars. Which means I'm paying both for my own and others health care.

And if you were in a country with universal health care, you'd likely have to wait days, weeks, or months for said scan.

Do you know what they do in Britain? They have a law that says patients have to be seen in 4 hours after arriving. So what do they do? They leave patients in ambulances.


RE: Is anyone else growing tired???
By maven81 on 8/4/08, Rating: -1
RE: Is anyone else growing tired???
By NeoConned08 on 8/4/2008 11:30:15 AM , Rating: 4
Exactly. Here is something I hope the socialists will read.

"As a medical doctor, I’ve seen first-hand how bureaucratic red tape interferes with the doctor-patient relationship and drives costs higher. The current system of third-party payers takes decision-making away from doctors, leaving patients feeling rushed and worsening the quality of care. Yet health insurance premiums and drug costs keep rising. Clearly a new approach is needed. Congress needs to craft innovative legislation that makes health care more affordable without raising taxes or increasing the deficit. It also needs to repeal bad laws that keep health care costs higher than necessary.

We should remember that HMOs did not arise because of free-market demand, but rather because of government mandates. The HMO Act of 1973 requires all but the smallest employers to offer their employees HMO coverage, and the tax code allows businesses – but not individuals – to deduct the cost of health insurance premiums. The result is the illogical coupling of employment and health insurance, which often leaves the unemployed without needed catastrophic coverage.

While many in Congress are happy to criticize HMOs today, the public never hears how the present system was imposed upon the American people by federal law. As usual, government intervention in the private market failed to deliver the promised benefits and caused unintended consequences, but Congress never blames itself for the problems created by bad laws. Instead, we are told more government – in the form of “universal coverage” – is the answer. But government already is involved in roughly two-thirds of all health care spending, through Medicare, Medicaid, and other programs.

For decades, the U.S. healthcare system was the envy of the entire world. Not coincidentally, there was far less government involvement in medicine during this time. America had the finest doctors and hospitals, patients enjoyed high-quality, affordable medical care, and thousands of private charities provided health services for the poor. Doctors focused on treating patients, without the red tape and threat of lawsuits that plague the profession today. Most Americans paid cash for basic services, and had insurance only for major illnesses and accidents. This meant both doctors and patients had an incentive to keep costs down, as the patient was directly responsible for payment, rather than an HMO or government program.

The lesson is clear: when government and other third parties get involved, health care costs spiral. The answer is not a system of outright socialized medicine, but rather a system that encourages everyone – doctors, hospitals, patients, and drug companies – to keep costs down. As long as “somebody else” is paying the bill, the bill will be too high.

The following are bills Congress should pass to reduce health care costs and leave more money in the pockets of families:

HR 3075 provides truly comprehensive health care reform by allowing families to claim a tax credit for the rising cost of health insurance premiums. With many families now spending close to $1000 or even more for their monthly premiums, they need real tax relief – including a dollar-for-dollar credit for every cent they spend on health care premiums – to make medical care more affordable.

HR 3076 is specifically designed to address the medical malpractice crisis that threatens to drive thousands of American doctors – especially obstetricians – out of business. The bill provides a dollar-for-dollar tax credit that permits consumers to purchase "negative outcomes" insurance prior to undergoing surgery or other serious medical treatments. Negative outcomes insurance is a novel approach that guarantees those harmed receive fair compensation, while reducing the burden of costly malpractice litigation on the health care system. Patients receive this insurance payout without having to endure lengthy lawsuits, and without having to give away a large portion of their award to a trial lawyer. This also drastically reduces the costs imposed on physicians and hospitals by malpractice litigation. Under HR 3076, individuals can purchase negative outcomes insurance at essentially no cost.

HR 3077 makes it more affordable for parents to provide health care for their children. It creates a $500 per child tax credit for medical expenses and prescription drugs that are not reimbursed by insurance. It also creates a $3,000 tax credit for dependent children with terminal illnesses, cancer, or disabilities. Parents who are struggling to pay for their children's medical care, especially when those children have serious health problems or special needs, need every extra dollar.

HR 3078 is commonsense, compassionate legislation for those suffering from cancer or other terminal illnesses. The sad reality is that many patients battling serious illnesses will never collect Social Security benefits – yet they continue to pay into the Social Security system. When facing a medical crisis, those patients need every extra dollar to pay for medical care, travel, and family matters. HR 3078 waives the employee portion of Social Security payroll taxes (or self-employment taxes) for individuals with documented serious illnesses or cancer. It also suspends Social Security taxes for primary caregivers with a sick spouse or child. There is no justification or excuse for collecting Social Security taxes from sick individuals who literally are fighting for their lives."

-Ron Paul


RE: Is anyone else growing tired???
By FITCamaro on 8/4/2008 12:13:12 PM , Rating: 3
Well Said!

But then what does a doctor know of the pains of the health care system....


RE: Is anyone else growing tired???
By maven81 on 8/4/08, Rating: 0
RE: Is anyone else growing tired???
By Bender 123 on 8/4/2008 2:00:44 PM , Rating: 3
Dude, as a clinic manager, I can say, most doctors and hospitals are not greedy, but they do need money to buy the staff, machines and supplies that you need for care. Asking for insurance is a basic way of getting those funds.

A very wise professor once said the most important lesson you can learn in health care, is that not for profit is not the same as against making a profit. Most health care companies make very little profit or even break even. We consider break even to be a very successful year.

The moment a doctor decides to save you some money by forgoing the latest diagnostic machinery is the day you will start complaining that your doctor missed a diagnosis...Believe me when I say I just had to cough up $14,000 for a high frequency ultrasound probe. It costs over 35,000 for a new ultrasound system. Millions for a MRI or PET scanner...