The Counterfeit Treaty

[David Farber <dave () farber net>]

________________________________________
From: james.love () keionline org [james.love () keionline org]
Sent: Tuesday, June 03, 2008 8:14 AM
To: David Farber
Subject: The Counterfeit Treaty

Dave, this is a blog about today's meeting in Geneva on ACTA.  Jamie

http://www.huffingtonpost.com/james-love/the-counterfeit-treaty_b_104831.html

The Huffington Post
June 3, 2008

The Counterfeit Treaty

Today in Geneva Switzerland, at an undisclosed location, the US
government, the European Commission, Japan and a handful of other
countries will meet in a secret negotiation on a new treaty.
The working name is the Anti-Counterfeiting Trade Agreement (ACTA), a
name that masks the much broader subject matter, and one that was
deliberately chosen to intimate and discourage politicians from
expressing opposition to provisions that undermine civil rights and
privacy, and which many say will change the substantive rights the
public has to use copyrighted works or inventions. What member of
Congress or Parliament wants to be accused of protecting counterfeiters?

The US, EU and other governments involved in this project have not
released details of the substantive provisions under discussion. Press
reports in Canada in Europe have focused on provisions that would
involve searches of computers, cell phones or iPods for infringing
software or music files. Others have discussed changes in international
law regarding injunctions for alleged infringements of intellectual
property rights, expanded ex officio powers for governments, tougher
sanctions, special programs to train judges or law enforcement
officials, and other measures, most of which is speculation based upon
some of the "asks" by lobbyists from the computer game, software, music,
film, pharmaceutical and fashion industries. (See here, here, and here.)

There is a huge rush to conclude this agreement before Bush leaves
office. So far, no Democratic member of Congress has expressed much
interest in the details of the agreement, or asked probing questions
about why such a potentially far reaching treaty is being rushed through
under a cloud of secrecy, described by some as cloak and dagger.

This "patriot act" for intellectual property "crimes" may be one of the
late legacies of the Bush Administration. It would be nice to have more
transparency about such a far reaching and important global trade
agreement. Particularly since the current negotiation strategy seems to
be to present the Congress with a fully negotiated text for an up or
down vote, before there has been any debate of the actual provisions of
the agreement, or consideration of alternative approaches, including
those that have few negative impacts on privacy, due process or consumer
rights.

There are undoubtedly reasons for such tight secrecy and the use of
thought-stopping terms like "anti-counterfeiting" to name this
agreement. But they are undoubtedly the wrong reasons for the public.
They are signals that the treaty would face opposition if more was known
and understood about its substantive provisions.


--
James Love, Knowledge Ecology International
mailto:james.love () keionline org
voice +1.202.332.2670, fax +1.202.332.2673, US mobile +1.202.361.3040,
Geneva mobile +41.76.413.6584
"When everyone thinks alike, no one thinks very much." — Walter Lippmann



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