LibertyVoice

Freedom and internet

EP Legal Service Issues Opinion On Release of ACTA Docs to EP

The European Parliament Legal Service has issued a legal opinion on the disclosure of ACTA documents to the European Parliament.  It concludes that persistent failure to do so could lead to legal action.

U.S. Copyright Official Challenges ACTA Criticism

U.S. Copyright Office official Steven Tepp appeared at a Future of Music Coalition debate on ACTA yesterday, arguing that the release of the ACTA text proved the prior concerns wrong. The full debate is available online as Tepp offers gruff responses to fellow panel members, but refuses to answer many other questions on the grounds that the USTR leads on the file.

European Parliament Members Follow-Up With WTO on ACTA

The Greens/EFA Members of the European Parliament have written a follow-up letter to the WTO, asking for clarification on whether ACTA might supercede the WTO's own dispute resolution policy.

Obama and Calderon Back Quick Conclusion to ACTA Talks

U.S. President Barack Obama and Mexican President Felipe Calderón issued a joint statement this week that touched on ACTA, reaffirming "their commitment to the negotiation of the Anti-Counterfeiting Trade Agreement and charged their administrations to conclude these negotiations soon."

Australian Digital Alliance Files ACTA Comments

The Australian Digital Alliance has submitted a detailed analysis of ACTA's impact on intermediaries and individuals with the Australian government.  The analysis includes 16 recommended changes.

WTO Withholds Comment on ACTA

The WTO has declined a request from the European Parliament to comment on ACTA, since it currently has no role in the negotations.

Rogers: We’re Concerned With the ACTA Negotiations and Three Strikes

Rogers Communications appeared before the Standing Committee on Canadian Heritage and was asked by NDP MP Charlie Angus about their position on ACTA and ISP liability.  Ken Englehart, Senior VP Regulatory, left little doubt about the company's concerns with ACTA and the possibility of a three-strikes and you're out model coming to Canada:

We are concerned, as many ISPs are, about the ACTA negotiations. It's supposed to be about counterfeiting, but it seems to have gone way past counterfeiting to talking about issues of ISPs and the downloading activities of our customers. We don't think ISPs should be put in the position of being traffic cops to decide what is legal and what is not. We really hate any idea that we would have to terminate our customers' service on a three-strikes policy. We do not want to do that at all. I have a great deal of sympathy for the copyright holders who feel that their content is being stolen. It's a big problem. But I don't want to see this done by putting ISPs in the position of having to disconnect their customers or aid in the conviction of their customers.

When asked to expand on how ISPs and copyright holders strike the balance, Englehart focused on the effectiveness of the current notice-and-notice system, arguing that "those types of mechanisms should be exhausted before any kind of more Draconian measures are imposed."

EC’s ACTA Negotiator Devigne: Rejected U.S. “Blackmail”

Luc Devigne, the European Commission's lead ACTA negotiator, recently appeared before the International Trade Committee which brought together Members of the European Parliament and ACTA negotiators.  Sources say Devigne revealed several key things:

  • the release of the draft ACTA text may be a one-time deal. There are no current plans to release the updated text following future rounds of talks.
  • Devigne reportedly told the MEPs that the EC successfully rejected U.S. "blackmail", a reference to U.S. demands for changes on the scope of ACTA in return for greater transparency. The U.S. ultimately agreed to the release of the text, while the scope issue remains unresolved.
  • There is still no agreement on the ISP safe harbour provisions.
  • Major disagreements in the criminal chapter include the definition of "commercial scale" (the U.S. wants it defined, the EU wants it left to national judges) and the inclusion of an anti-camcording provision. 
  • Disagreements on the civil enforcement chapter includes damages and scope.

German Bundesrat Passes Resolution Criticizing ACTA Approach

The German Federal Council, the Bundesrat, has passed a resolution criticizing the decision to create a new ACTA forum, rather than negotiating within international institutions such as WIPO or the WTO.

European Parliament Passes Resolution Calling on Canada To Support Moving ACTA to WIPO

With the Canada – European Union summit underway this week, the European Parliament has just passed a resolution that calls on Canada to support even greater ACTA transparency and to shift the negotiations to an international organization such as WIPO.  The full paragraph within the resolution states that the European Parliament:

Hopes that Canada will fully support the EU's request to open up the ACTA negotiations to public scrutiny, as it requested in its resolution of 10 March 2010, and to have those negotiations conducted under the auspices of an international organisation, the most suitable being WIPO;

In the aftermath of its success in promoting release of the ACTA draft text, it is interesting to see the European Parliament becoming increasingly vocal about the ACTA negotiations.  Canada has remained generally silent on these issues and the EP resolution may help coax out a response.

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