ACTA: an old enemy comes to the Internet

With Atzirtn of law initiatives and PIPA SOPA spotlight now turned to ACTA - anti-counterfeiting trade agreement that may violate the freedom of the Internet

A week and a half has passed since the great protest - led by Internet giants like Wikipedia and Google - whose purpose was to arrest two attempts legislation in Congress. Both, SOPA and PIPA, are intended to give much more power to owners of copyright in the war against pirated sites based outside the United States. They both stopped now, and shall not be voted on soon.

But at the same time, an old enemy of cyber raised his head, and who consider him a bigger danger than SOPA Internet and PIPA together. The name of this enemy is the ACTA - anti-counterfeiting trade agreement. And because Israel is not involved directly, rarely talk about it here. Countries that have signed the agreement, however, huge demonstrations against the signature, and a member of the European Parliament also left the role of the auditor on behalf of the union in protest of the decision to join.


Bags, drugs, Internet content

To understand what makes the ACTA varnish outrageous, you must first understand some of this Agreement. In 2006 they decided United States and Japan to start and develop new infrastructure and unified regulate the enforcement of copyright in consumer products (handbags and clothing, for example), drugs and Web content. To the discussion joined countries like Canada, Switzerland, Australia, Mexico, South Korea and the European Union.
Part of ACTA trademark infringement online is a result of the difficulty that ownership rights in dealing with so that the Internet is a global network. Thus, for a decade trying to film industry and make the American record download site Piratebay, servants in Europe, will stop working. And it did not work. The Swedish website owners are able to convict a Swedish court, but the conviction did not include any instruction to stop the active site, that it would be impossible. And now, with downloading it from the air sharing site Megaupload, all legal process and its success in the long run because it's questionable precedent-setting case with many legal problems.
Ratify the ACTA countries, rights holders would be much easier to operate. For example, one regulation requires infringement "commercial level", or assistance violations, criminal offenses are dragging a monetary fine and imprisonment. What is a commercial level? It is not clear. Agreement is described as extensive C"hftzh for infringement. "
But the biggest problem is the transfer of some responsibility for what happens on internet providers. If these will have to bear responsibility for what Shmstmshihn do, they will undermine the freedom of action of these users. And fear of being sued, their finger will be much easier on the trigger.
Beyond that, the treaty includes some optional rules, and one of them makes a lot of controversy. Section 28 of Part 4 of the Convention "offers" (but not require) countries to give to law enforcement agencies the authority to order ISPs to disclose the names of potential rights violators. Another suggestion is to make photo movie screen in the offense. In addition, under ACTA, will override property rights management systems (hacking) a criminal offense. Not just break itself, but also distributing hacking tools, or removing information that indicates the owner of copyright the work. Delete logos? Offense. Delete information that identifies the artist and embedded in MP3? Offense.

The problem: widespread distribution for infringement

Can not close it. The Pirate Bay site (Photo: The Official Website)
Although all rounds of negotiations on the agreement were held in camera, leaked draft agreements to the internet all the time. And from the beginning, cried organizations such as Electronic Frontier Foundation - protecting individual rights and freedom of expression on the Web - How many installations in the new legislation may hurt badly online. Even worse, the discussions on the wording of ACTA consisting mainly first world countries, and countries can be a weaker voice.
But a lack of sound does not mean that those states - and especially third world countries - will not have to join ACTA. While joining the volunteer on paper, but the consensus is that the U.S. may require states that want to do business with to join ACTA. Voluntarily and with an arm twisted behind his back. For them, the ACTA could be a huge obstacle towards achieving affordable drugs, not only hurt the Internet.
On 1 October 2011 began participating countries to sign the treaty - the first step to becoming a reality.Currently, 30 countries signed the Convention (of which 22 companies in the EU), but no country has not ratified it. European Parliament, discussion will take place next June that will deal with ratifying the Treaty and other countries advanced their own pace toward making the ACTA law. Until the six countries did not ratify it, will not enter into force.

The struggle over the nature of the agreement incandescent
Expected to struggle on the nature of the agreement. Logos from an anti-ACTA (photo: The Official Website)
It should be noted that five years of struggle agreement gives the felt. Letter of the softened during the discussions. In his early years, at ACTA requirements ISPs to disconnect from the network rights violators after three offenses, but this requirement is dropped after encountering opposition from human rights organizations. Private attempts to introduce such legislation, from countries such as Ireland and France, stopped, and the UN also issued a position paper in which he argues that the right to access the Internet is a basic right not to hurt her.
In the coming months, a time near the date of the discussions on ACTA in the European Parliament, is expected to struggle on the nature of the agreement to heat up. Today, does not seem possible to arrest him - even without Europe will make it possible to activate, when six countries ratify it - and it is unclear whether countries we found excuses not to join the agreement but also we found excuses to trade with the United States will be a free choice in the matter