Loss of Privacy

Keeping you informed on recent losses to privacy and civil rights worldwide.

Browsing Posts tagged ACTA

From Michael Geist’s website:

As I posted over the weekend, I had the pleasure of participating in the PublicACTA conference in Wellington, New Zealand.  The Wellington Declaration is a must-read, as is the extensive media coverage that ACTA has received over the past 48 hours in New Zealand (NZ PC World, National Business Review, IT News, ComputerWorld NZ, NZ Herald).  The last few days have provided a model for how those concerned with ACTA should become engaged with future rounds of talks.

For those looking for up-to-date information on ACTA, my column this week (Toronto Star version, homepage version) previews the New Zealand talks, noting the pressure points on transparency and substance of the treaty.

Even better, all the videos from the PublicACTA conference can accessed online.  I have embedded my talk below. It provides a primer on the background of ACTA, reasons for concern, and a brief comment on what can be done.  An MP3 version of the same talk can be downloaded here.

It gets really good about 25 minutes in.

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Everyone wants to know what’s in ACTA. It’s one of the most secret documents in the world, yet its impact will be felt by billions of people who don’t even know it exists. There have been a few leaks so far, but nothing complete. What is out there is enough to make many worry.

Right now, there is a full, non-definitive version online at La Quadrature du Net, a French association fighting for net neutrality, is hosting a PDF of it.

If this latest leak is to be believed, everyone is going to need two of everything. Any time you want to travel internationally, you’re going to have to take your “spare” equipment that is void of anything that could remotely be construed as illegal. While knowledge of software, such as truecrypt, is useful, what happens when you return home and the customs and immigration officers want to keep your devices? If your electronic equipment is vital for day to day life, can you really wait several hours to several months to have your equipment returned to you?

If you have mp3s on your laptop, mp3 player, cell phone, etc., you’ll need to prove they are legitimate. If you burn your own mp3s, there is little you can do to prove you own the CDs when you’re at a boarder crossing.

The same holds true of movies. If you rip a movie or two for your long flight, how can you prove to airport security that the DVDs are back at home and you are practicing fair use?
While people should already practicing this, there are still far too many people who believe that either it would never happen to them or that the government would never question what’s on their electronic devices to begin with.

Because it is impossible to know all the rules and laws of every country, it’s best to just not put yourself at a disadvantage when traveling.

The other problem with ACTA lies in how it plans to deal with issues of net neutrality and undesirable actions online. Sending any copyrighted material across a network would be a violation of the ACTA trade agreement.

The first victims of ACTA would be file sharing. Bittorrent would be crushed. Major websites, such as rapidshare, megaupload, etc., would be next. Even if your website or forum does no sharing and is discussion only, you may not be safe.

Slyck.com recently received letters demanding that their content be removed on the grounds of defamation. While the charges are unfounded, the passing of ACTA would make it more difficult to refuse the demands.

ACTA is also a step towards tracking every bit of data on the internet. With that comes the granting of unprecedented prosecutorial powers. Germany, Japan, Australia, and the United States will allow its citizens to be prosecuted in the other country for cases such as copyright infringement and counterfeiting.

Since many people practice the pirating policy of “try it before you buy it,” movies, music, and television programs will see a drop in sales. Many people do not want to purchase items unseen and unheard. Producers of such media, as well as politicians, believe that individuals will simply pay the price to avoid the risk of prosecution. What they fail to realize is the very real fact of a major backlash. Consumers use pirating to weed out the garbage from the gold. The same process has always occurred, just at a slower pace and media producers made a few extra dollars before your friends and/or family members let you know something wasn’t worth the money.

In the 21st century, media producers practice the policy of squeezing every last cent out of the consumer during the first week of release. This is because the internet will notify everyone, everywhere, about how good the product is.

A larger problem of ACTA concerns a person’s IP address. Many people have no clue how to lock down a router. If your router is broadcasting your signal to everyone, someone is going to jump on that signal and use it. They won’t be using it just to check email. Try convincing a jury of that.
Non-technical people will be lost and innocently accused of something they didn’t know existed or don’t even understand. After enough confusion, people will give up trying to figure out what the law actually says.

Many people have not heard of ACTA unless they visit websites such as reddit, arstechnica, eff, and/or boing boing. This is because most countries are deliberately keeping this information secret. If the general public knew that even downloading a single data packet could put you afoul of the law, there would be protests.

ACTA aims to control the internet, what you read, and what you see online. By passing an international treaty, governments can bypass the regular legislative processes in their respective countries because, if there was open discussion, it is highly likely that such laws would never be agreed upon.

ACTA is scary, unnerving, and worthy of much more media attention than it is getting. It will completely overhaul the internet as we know it today. Data tracking will become more prevalent, with your ISP readily handing over details of your activities online to the government. This sort of thinking used to be left to the realm of conspiracy theories, but it is no longer an idea spoken of in hushed tones. It is real and it is happening now. If we don’t act to stop it, we will see active censorship of the internet in the next few years.

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ACTA-6437-10.pdf is a leaked document from the negotiations on the Anti-Counterfeiting Trade Agreement (ACTA). It appeared on March 1st 2010 and was called the biggest leak to date.

Get it here.



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The drive to ram through the secret Anti-Counterfeiting Trade Agreement is ramping up, with the next meeting set for the end of this month in Mexico. ACTA is an unprecedented copyright treaty (unprecedented in that it reaches farther than previous copyright treaties, and that it is being negotiated behind closed doors, without any public input or oversight) that will force copyright policing duties on Internet companies (vastly increasing the cost of hosting “user-generated content”); create new penalties for infringement (including Draconian penalties such as disconnection from the Internet on accusations of infringement); and require countries to search hard-drives, personal media players, and other personal data at their borders.

The U.S. and other countries have been negotiating the Anti-Counterfeiting Trade Agreement, known as ACTA, for the last two years. A number of consumer advocates and technology companies, including Google, have raised serious concerns about ACTA’s potential reach and the impact it could have on Internet users’ rights and innovation.

The panel tackles important questions like: Will ACTA preserve the existing balance in intellectual property laws, providing not just enforcement for copyright holders but also appropriate exceptions for technology creators and users? Will it undermine the legal safe harbors that have allowed virtually every Internet service to come into existence? And will it encourage governments to endorse “three strikes” penalties that would take away a user’s access to the Internet?

The talk was moderated by Washington Post Consumer Technology Columnist Rob Pegoraro.

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Michael Geist’s talk on everything you need to know about ACTA but didn’t think to ask.

Read a new article here about legislators worldwide asking for more information on what ACTA is doing.

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