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IP Enforcement Treaty Still Being Kept Secret

Hugh Pickens writes "More than a thousand pages of material about Anti-Counterfeiting Trade Agreement (ACTA), are still being withheld, despite the Obama administration's promises to run a more open government. The EFF and Public Knowledge filed suit in September of 2008, demanding that background documents on ACTA be disclosed under the Freedom of Information Act (FOIA). 'We are very disappointed with the USTR's decision to continue to withhold these documents. The president promised an open and transparent administration,' said EFF Senior Counsel David Sobel. Publicly available information about the treaty shows it could establish far-reaching customs regulations over Internet traffic in the guise of anti-counterfeiting measures. Additionally, multi-national IP industry companies have publicly requested that ISPs be required to engage in filtering of their customers' Internet communications for potentially copyright-infringing material, force mandatory disclosure of personal information about alleged copyright infringers, and adopt 'Three Strikes' policies requiring ISPs to automatically terminate customers' Internet access upon a repeat allegation of copyright infringement. 'What we've seen tends to confirm that the substance of ACTA remains a grave concern,' said Public Knowledge Staff Attorney Sherwin Siy. 'The agreement increasingly looks like an attempt by Hollywood and the content industries to perform an end-run around national legislatures and public international forums to advance an aggressive, radical change in the way that copyright and trademark laws are enforced.'"

28 of 172 comments (clear)

  1. EFF is nice.... by digitalunity · · Score: 5, Interesting

    but it would be nice if the ACLU stepped in. They have vastly greater influence and funding.

    If ratified, a treaty such as this could have far reaching consequences for privacy and leave ISP customers beholden to 3rd parties under the guise of 'IP enforcement'.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    1. Re:EFF is nice.... by falconwolf · · Score: 5, Insightful

      'm not advocating torture or waterboarding, but when we're talking about a relative handful of people, most of whom are almost certainly guilty

      So most of those held at Gitmo were guilty? As were most of those at Abu Grab? All that was required to end up at Gitmo was for a person to be turned over to the US military in return for some money.

      'It's better that 10 guilty men go free than one innocent man be wrongly convicted'.

      Falcon

    2. Re:EFF is nice.... by sharkey · · Score: 4, Funny

      ACLU: Vigorously defending all odd-numbered amendments, when it's not too much of a bother.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    3. Re:EFF is nice.... by TubeSteak · · Score: 4, Insightful

      Falconwolf, you're missing the forest for the trees, just like the ACLU is missing the forest of "everyone's rights" for the trees of "those few guys in prison".

      I'll make this as simple as possible:
      A) Torture is a violation of basic human rights.
      B) ACTA is, at best, an example of governments bowing to corporate interests and at worst and example of corruption.
      You tell me which issue is more related to "everyone's rights".

      Here's a recent article to give you context:
      "Never in my worst nightmare did I ever think that it would be my own government that I would have to protect my children from," Lundeby said. "This is the United States, and I feel like I live in a third world country now."

      --
      [Fuck Beta]
      o0t!
    4. Re:EFF is nice.... by lawpoop · · Score: 4, Insightful

      Grishnakh is pointing out that while the ACLU is rabid about "terrorists' rights", they have a much less aggressive stance on defending the freedoms of Americans,

      You gotta be friggin kidding me. Terrorist rights vs. American rights? What about Human Rights? You are aware that treaties the United States enters into are the supreme law of the land?

      What if you were a "terrorist" turned in by your neighbor because he was upset about a deal over some goats 10 years ago? Would you be worried about American rights or Terrorist rights? AS MLK said, "Injustice anywhere is a threat to justice everywhere".

      they have a much less aggressive stance on defending the freedoms of Americans,

      I don't know, I always see the ACLU defending unpopular causes, such as the right of the KKK to hold a rally, or a person to freely practice their locally unpopular religion such as Wicca or Judaism. Hel, they even did a lawsuit to prevent Rush Limbaugh's medical records from being released for his court case.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    5. Re:EFF is nice.... by rtb61 · · Score: 5, Informative

      ACTA is far worse than that as it sets some terrible precedents.

      1) The right of corporations to censor the communications of their customers.

      2) Guilt upon accusation and you must prove your innocence at your own expense.

      3) Prison terms for copyright infringement with no profit motive and regardless of the extent.

      4) The gross and deceitful intent to place the artificial and arbitrary asset of IP above that or of real property by providing it laws which radically exceed those for the protection of real property.

      5) The corruption of the political process with absolutely no benefit to society and to only serve the greed of a minority. Especially egregious as the harm caused to society by some of the copyright protected works can be demonstrated and in fact is considered so harmful that distribution of the copyright protected content to minors is considered a criminal offence.

      Before any more laws are changed to protect copyright, first and foremost current copyright should be forced to align with current laws ie. "To promote the Progress of Science and useful Arts". So until the criminal abuse of the basic principle of copyright is corrected and that the work must actually promote the progress of science and useful arts (the intent can not be more glaringly obvious), not one cent of taxpayer dollars should be spent on protecting any of it. If fact it can literally be argued that as the value of any copyrighted has not as yet been substantiated as conforming to that requirement, no one can be charged with copyright infringement.

      --
      Chaos - everything, everywhere, everywhen
    6. Re:EFF is nice.... by TapeCutter · · Score: 4, Insightful

      "Simply put, the ACLU seems to be more interested in fringe cases."

      It is NOT a fringe case to suspend Habeas corpus and enact retrospective laws to keep one of my countrymen locked up for political reasons. And no, this does not make me a "Hicks supporter" as our prime minister was fond of saying about anyone who thought keeping Hicks as a political prisoner was morally repugnent and illeagal.

      You are making the same "mistake" about the ACLU as our PM did about me and others in this country who were appalled to see a "kangaroo court" sweep the rule of law under the rug for political reasons. The ACLU are not "defending terrorists" they are defending the rule of law and the civil liberties that those laws enshrine.

      "when it's something that affects all freedom-loving internet users"

      Specifically, what rights does a "freedom-loving internet user" have that are being abused by keeping treaty negotiations secret?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re:EFF is nice.... by lawpoop · · Score: 4, Insightful

      I had a privacy issue that I wanted some info on (and some help with) with my landlord.

      The ACLU wouldn't take your case when you has a problem with your landlord? Hos did this get modded Informative?

      Here's a clue: the Constitution and the Bill of Rights protects you from the government, not another private individual that you enter into contract with.

      aclu IS worthless to the average person.

      It's not their job to provide free legal service to everybody in the US. Call them when the government prevents you from practicing your religion, or when you get locked up in a cell without charges or a lawyer.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
  2. What sort of hacktivism efforts have we seen? by jollyreaper · · Score: 5, Interesting

    Seems like the quickest way to stir up some controversy here is to hack the computers of the people running these agencies and see if they're into salacious yet legal pr0n or, even better, nasty illegal stuff. Not that I'm advocating this sort of thing, of course, but there was news of this sort of thing being done to Justice Scalia. He saw no problem with privacy violations and a law professor had his class comb the interwebs for PI on Scalia. They put together a very revealing dossier with all his info. Word was that Scalia was not amused. Heh. Payback's a bitch.

    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
    1. Re:What sort of hacktivism efforts have we seen? by Red+Flayer · · Score: 4, Informative

      That was Joel Reidenberg at Fordham Law.

      Here's a brief article.

      Scalia's response left a little to be desired.

      And FWIW, I do advocate this sort of thing as long as it is within the bounds of the law. If we're going to point out why the law is flawed, then we need to show what the law really means in practice.

      WRT to the ACTA situation, we have no recourse, since we cannot even examine the proposed treaty. Our only hope is to intercede with the Senate before the treaty is ratified. The chances of a successful intercession at that point are close to zero; furthermore, the US has acted within treaties it has signed even without ratification (assuming, generally correctly, that ratification would come at a later date).

      In the end, though, we're SOL. IP is the only major area where the US has a dominant share of the global market. You can bet your bottom dollar that attempts to legally protect this valuable export will be made, regardless of how it suits *our* notions of freedom, or our notions of personal rights.

      Big business rules the US, and they'll get what they want. Welcome to the future.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  3. people still have not yet figured out ... by Skapare · · Score: 4, Insightful

    ... that all internet communications needs to be done over encrypted connections or sessions

    --
    now we need to go OSS in diesel cars
    1. Re:people still have not yet figured out ... by matsoo · · Score: 5, Insightful

      Encryption unfortunately only works if you trust everyone you communicate with.

      This gradual strangulation of internet freedoms needs to be stopped now, or perhaps all people who don't want to be sued/arrested/punished randomly for crimes you may or may have not have committed need to start protecting themselves with more serious countermeasures.

      Something like a layered approach of Truecrypt+One Swarm/TOR/other anonymization. That will of course also benefit people who commit actual crimes, as they can hide in the crowd.

  4. IP Enforcement Treaty Still Being Kept Secret by falconwolf · · Score: 5, Insightful

    Obama showed what he thinks of liberty when he decided to appoint someone as an "intellectual property czar".

    Falcon

  5. Re:Funny... by Red+Flayer · · Score: 5, Interesting

    Democrats = More govt = More regulation of citizens
    Republicans = Less govt = Less social benefits for citizens

    I think you're a bit off.

    Dems == more government [more regulation of citizens + more spending on citizens via social programs]
    Reps == more government [more regulation of citizens + more spending on business via defense programs].

    Please note that "defense programs" includes things like war.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  6. Re:Welcome to the future by Anonymous Coward · · Score: 5, Insightful

    When did you type that, 1963? Big business has ruled the US for decades.. welcome to the past.

  7. Re:Funny... by sudotron · · Score: 4, Insightful

    Sadly, neither party seems to be particularly true to their own ideals anymore. The Dems claim that they are the party of the workers and unions, yet they use taxpayer dollars to bailout the big corporations instead of helping the increasingly unemployed population. The GOP claims to favor less government regulation and intrusion in people's lives, yet doesn't object when the government ruins the lives of non-violent drug users, tells people they can't have sex if it's for money, or makes any other legislation of the perceived morality of someone's private life.

    The two parties in this country are more alike than you think. And they both want more power and money in their pockets than anything else.

  8. Re:Welcome to the future by Darkness404 · · Score: 4, Informative

    The difference is, enforcement. For example, people have recorded mix tapes for years while technically being in violation of copyright, no one cared though. Today, the digital equivalent of mix tapes are likely to get you sued if you exchange them over a digital means. People have also copied books via handwriting or more recently with copy machines and then sent those to people, which again, was technically illegal but no one cared. Today, even the of ripping a book into a digital format can possibly be interpreted as illegal and be sued, even more so if you distributed your ripped book.

    Its only in the past 20 years that big businesses have managed to make everyone a criminal and charge them with a crime. Prior to that, unless you were making money off of it, you were safe. Today, anyone is a potential target.

    --
    Taxation is legalized theft, no more, no less.
  9. Re:Thank you, Mr. President. by Nerdfest · · Score: 4, Insightful

    Frankly, I'm truly amazed that the invasion of personal freedoms in the UK and US have gone as far as they have as fast as they have. Monitoring personal communications for possible infringement of any law is frightening. What would people say if this was done on their phone lines?

  10. The New Way Around Pesky... by BlueStrat · · Score: 4, Interesting

    ...voting populations and legislative bodies.

    Just sign a treaty that has many important-to-world-trade parts in the agreement, while also including what you're *really* seeking to put into law. With the other important stuff thrown in with the garbage in a take-it-or-leave-it treaty up-or-down vote, this puts a lot of pressure on legislative bodies to accept what they normally wouldn't for either ideological or re-election-fear reasons while giving them an "out" to deflect criticism from their constituents and opposition members.

    It's small wonder they don't want to reveal anything about this treaty. That would simply give the various countries' legislative bodies and populations time to think about possible ramifications and ways to defeat it once they start to "get it" and realize what this may do to their freedoms and economies.

    It's nearly the same game they play with domestic intelligence. It's generally illegal for a US agency to spy on US citizens without a warrant, but there's no law against the UK (for example) spying on US citizens and handing the info over to a US intelligence agency.

    Basically it's using treaties and agreements with other nations as a way to get around domestic laws, controls, oversight, and the will of the citizens. It's what happens when governments get too large and powerful; they forget that they are the *servants*, NOT the masters.

    I'm very afraid though that at this point, correcting this imbalance and returning the reins of the country's government and its' destiny back to the citizens will require much violence, chaos, and the blood of many patriots, as the citizenry has been asleep for far too long and allowed far too much encroachment of central government power over their lives. That powerful & greedy government will not relinquish any of its' wealth or power without a tremendous fight.

    I fear we are cursed to live in "interesting times". I wonder if the guillotine of the French Revolution will make a comeback, and if it will be televised?

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  11. you are not a good person by Scrameustache · · Score: 5, Informative

    I'm not advocating torture or waterboarding, but when we're talking about a relative handful of people, most of whom are almost certainly guilty

    On the day of his death, Dilawar had been chained by the wrists to the top of his cell for much of the previous four days. A guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling. "Leave him up," one of the guards quoted Specialist Claus as saying. Several hours passed before an emergency room doctor finally saw Mr. Dilawar. By then he was dead, his body beginning to stiffen. It would be many months before Army investigators learned that most of the interrogators had in fact believed Mr. Dilawar to be an innocent man who simply drove his taxi past the American base at the wrong time.

    --

    You can't take the sky from me...

    1. Re:you are not a good person by mjwx · · Score: 4, Insightful

      So I guess, by your logic, we should completely ignore anything which abrogates the rights of millions of people as long as there's one other injustice going on to a single person.

      So I guess by your logic its OK to torture people to death so long as someone is saved or vindicated at the end.

      Been said before by for your benefit I'll say it again, the ends do not justify the means.

      If you were alive during WWII in Germany, you probably would have told everyone to ignore what was being done to 6 million jews,

      If that was accomplished with the torture of another 6 million catholic Germans would it still be OK?

      BTW, it was 5 Million Jews and 1 Million various other minorities like Gypsies. Pleas learn about the Holocaust before using the Holocaust as hyperbole.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  12. Falconwolf, you're missing the forest for the tree by falconwolf · · Score: 4, Insightful

    No, missing the forest for the trees would be falsely imprisoning 10 innocents to get 1 guilty person. The 10 innocent is the forest whereas the 1 guilty is the tree.

    Grishnakh is pointing out that while the ACLU is rabid about "terrorists' rights", they have a much less aggressive stance on defending the freedoms of Americans,

    Except the ALCU supported American NAZIs' right to protest. Like the ALCU I disagree with them but I support their right to peacefully protest. As one slashdotter's sig says, paraphrasing, "I may disagree with your speech but I will support your right to say it."

    I'm also keenly aware of the irony of a 7-digit-UID'er lecturing a 6-digiter on the finer points of discussion board etiquette

    My point had nothing to do with netiquette or any other etiquette but was about facts and the truth. The person I replied to expressed the opinion that it was better to torture a bunch of innocents to get intelligence, while the USA's Founding Fathers fought for a free society which I support myself.

    Falcon

  13. Re:Welcome to the future by TheGratefulNet · · Score: 4, Insightful

    if you can be arrested for almost anything, you are now living in fear and are controllable by the state.

    by design!

    this is no accident. when everyone is potentially a 'criminal' then the state has fear-control over its populace.

    fully by plan. not by accident.

    --

    --
    "It is now safe to switch off your computer."
  14. Re:To those 'flamebaiting' posts critical of Obama by artor3 · · Score: 4, Informative

    No informed adult believes that Republicans and Democrats are the same. The two parties agree on certain issues, which is unfortunate for those who hold a different view on those particular issues. But that does not mean that the parties are the same.

    Gay marriage? They differ.
    Abortion? They differ.
    Gun control? They differ.
    Tax rates on the wealthy? They differ.
    Amount of regulation for the markets? They differ.
    Torture of key terrorists? They differ.
    Most foreign policy matters? They differ.
    Stem cell research? They differ.
    Universal health care? They differ.
    Immigration reform? They differ.

    Only someone completely ignorant of US politics would try to claim that they're the same.

  15. Re:[citation needed] by falconwolf · · Score: 5, Informative

    [citation needed] If you could point out where the parent said torture of anyone was OK I would appreciate it, thanks.

    Right here where he says "'m not advocating torture or waterboarding, but when we're talking about a relative handful of people, most of whom are almost certainly guilty, and all of whom are foreigners vs. an issue that affects the citizenry at large, I think the latter is far more important and deserves more energy." Waterboarding is torture. One the U.S. Labeled Waterboarding a War Crime in 1947.

    Falcon

  16. Torture bad; ACLU good by Scrameustache · · Score: 4, Insightful

    Grishnakh is pointing out that while the ACLU is rabid about "terrorists' rights", they have a much less aggressive stance on defending the freedoms of Americans, especially when it comes to electronic communication.

    ORLY? http://www.aclu.org/freespeech/internet/index.html

    I think he's just ACLU-bashing, not comeone with a point.
    From the "2009 ACLU Legislative Priorities" pdf, I see

    • Surveillance reform
      Repeal the FISA Amendments Act of 2008.
    • Restore online freedom
      Codify binding open Internet principles to discourage public and private
      online censorship, to assure online privacy and to pursue equal access free
      from discrimination.

    The American Civil Liberties Union (ACLU) filed a lawsuit challenging the FISA Amendments Act of 2008 the same day that it was enacted into law. The case was filed on behalf of a broad coalition of attorneys and human rights, labor, legal and media organizations whose ability to perform their work - which relies on confidential communications - could be compromised by the new law.[15] The complaint, captioned Amnesty et al v McConnell and filed in the United States District Court for the Southern District of New York, argues that the new spying law violates Americans' rights to free speech and privacy under the First and Fourth Amendments to the Constitution.

    which look a lot like defending the freedoms of Americans, especially when it comes to electronic communication to me. They were on top of that one day one, punctuality is a virtue.

    Took me a minute in google to find that information. I don't know if or why they don't get involved with that treaty. Maybe they just haven't gotten around to it. Maybe they're understaffed, out of their jurisdiction and over budget. Maybe they're reptilians who pretend to defend civil liberties but they really want to drain your precious bodily fluids.

    He's ranting against the ACLU, against foreigners, and against opposing torture. And he's calling that "freedom-loving". If he's pointing out anything, it's his perceptions, and I'm pretty sure he's perceiving that through the lenses at Fox News.

    --

    You can't take the sky from me...

  17. Re:To those 'flamebaiting' posts critical of Obama by nausea_malvarma · · Score: 5, Insightful

    I think when people say "Republicans or Democrats, it's all the same to me" they don't literally mean they have the same platform. They mean that electing either party will bring about the same result - the same corrupt politics that dominate our country. The parties are very much the same in my eyes.

  18. Re:To those 'flamebaiting' posts critical of Obama by pthreadunixman · · Score: 5, Insightful

    Almost every single one of those issues you pointed out are just election year platform gimmicks.