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Secret Copyright Treaty Leaks. It's Bad. Very Bad.

Jamie found a Boing Boing story that will probably get your blood to at least a simmer. It says "The internet chapter of the Anti-Counterfeiting Trade Agreement, a secret copyright treaty whose text Obama's administration refused to disclose due to 'national security' concerns, has leaked. It's bad." You can read the original leaked document or the summary. If passed, the internet will never be the same. Thank goodness it's hidden from public scrutiny for National Security.

26 of 775 comments (clear)

  1. So Where Exactly is this 'Leaked' Document? by eldavojohn · · Score: 5, Insightful

    Jamie found a Boing Boing story that will probably get your blood to at least a simmer.

    Well maybe Jamie should read yesterday's Slashdot.

    I would just like to point out that everyone is getting their information from a single point: Michael Geist's blog. Granted, he's rarely wrong but blogs are blogs. So where is this "leaked document" that the summary alludes to? Every source I find online points back to Geist. Even the articles Geist cites at the bottom of his blog point back to him. Even Wikipedia points back to him. I'm not saying that he's wrong nor am I trying to deflate the severity of this but Geist is even relying on other sources:

    Sources say that the draft text, modeled on the U.S.-South Korea free trade agreement, focuses on following five issues...

    Then following that even he says:

    If accurate ...

    Doesn't leave me a whole lot of confidence that we're getting all the unadulterated facts here. I would seek information better than third or fourth hand accounts of something before I went around screaming about the sky falling (trust me, I speak from experience of being fooled by a single blog post).

    Secret Copyright Treaty Leaks. It's Bad. Very Bad.

    So where is the leaked document so that I may judge for myself?

    --
    My work here is dung.
    1. Re:So Where Exactly is this 'Leaked' Document? by Anonymous Coward · · Score: 5, Insightful

      The real question here should be where's the original document and why is the Administration hiding behind 'National security' to avoid releasing it. I've had enough of that over the previous 8 years. Change!

    2. Re:So Where Exactly is this 'Leaked' Document? by Spad · · Score: 5, Informative

      The whole point is that there are precious few details about any of ACTA because nobody outside of the governments involved, their lawyers and a few high-paying lobby groups have been allowed to see any of its contents.

      *Everything* about it is hearsay until either someone succeeds in getting an FOI request honoured or the thing gets ratified and it's too late to do anything about it.

    3. Re:So Where Exactly is this 'Leaked' Document? by odin84gk · · Score: 5, Funny

      Well, if all else fails, we can make this thing sound so horrible that any politician that touches it would be publicly shamed. They can't prove us wrong unless they publicize the details of the treaty... ...

      I read part of the treaty, and the "Anti-Counterfeiting Trade Agreement" will allow American children extradited to Japan if they watch an animated Japanese video!

    4. Re:So Where Exactly is this 'Leaked' Document? by vvaduva · · Score: 5, Insightful

      But Obama was to have the most open government in the history of humanity. WTF happened??

    5. Re:So Where Exactly is this 'Leaked' Document? by whatajoke · · Score: 5, Insightful

      So where is this "leaked document" that the summary alludes to?

      To quote from Geist's blog:

      selected groups granted access under strict non-disclosure agreements and other countries (including Canada) given physical, watermarked copies designed to guard against leaks.

      I hope that answers your question. Unless you want to out the person leaking this document, he can't ever publish a photocopy of it as it will be traced back to him. And if you think such deception is beyond our autocrats, read up on this and this

    6. Re:So Where Exactly is this 'Leaked' Document? by oldspewey · · Score: 5, Interesting

      I'd say 95% of the population can't be made to listen to a 90-second dinner party discussion of ACTA, IP laws, and internet freedom. How do you expect to whip significant numbers of people into an indignant frenzy?

      The government(s) know they have a yawner on their hands here, and they can operate behind a cloak of indifference. Don't make the mistake of assuming prevailing opinion on a technology discussion board mirrors prevailing opinion in the population at large.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    7. Re:So Where Exactly is this 'Leaked' Document? by jedidiah · · Score: 5, Insightful

      Government + a few high paid lobby groups?

      Really. ANYONE should be able to put 2 and 2 together here.

      This stuff should be a surprise to NO ONE.

      Really, what did you think they were doing? Of course this is why they were hiding from public view.

      The "national security" consideration is that there are some countries (France) that still riot in the streets over this sort of stuff.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    8. Re:So Where Exactly is this 'Leaked' Document? by geeper · · Score: 5, Insightful

      How do you expect to whip significant numbers of people into an indignant frenzy?
      Tell them this will shut down FaceBook?

      --
      Error reading device 'Signature'. (A)bort, (R)etry, (F)ail?
    9. Re:So Where Exactly is this 'Leaked' Document? by Smallpond · · Score: 5, Interesting

      The whole point is that there are precious few details about any of ACTA because nobody outside of the governments involved, their lawyers and a few high-paying lobby groups have been allowed to see any of its contents.

      *Everything* about it is hearsay until either someone succeeds in getting an FOI request honoured or the thing gets ratified and it's too late to do anything about it.

      There is a section in the agreement allowing the RIAA or MPAA to confiscate all of your possessions if they find a single infringing item on any PC you own. If you don't believe me, just ask the government to show it to you and prove me wrong. Tell all your friends.

    10. Re:So Where Exactly is this 'Leaked' Document? by UltraAyla · · Score: 5, Informative
    11. Re:So Where Exactly is this 'Leaked' Document? by INT_QRK · · Score: 5, Informative

      ...um ratified treaties are laws. See http://www.archives.gov/exhibits/charters/constitution_transcript.html, Artivle VI, paragraph 2, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

    12. Re:So Where Exactly is this 'Leaked' Document? by mea37 · · Score: 5, Insightful

      What you and several other posters are missing is, TFS says specifically "you can read the original leaked document". Those words are a link, even. But to what do they link? The blog -- which oddly enough is not "the original linked document".

      When someone promises something and doesn't deliver, I instantly stop trusting them.

    13. Re:So Where Exactly is this 'Leaked' Document? by schon · · Score: 5, Interesting

      There is a section in the agreement allowing the RIAA or MPAA to confiscate all of your possessions if they find a single infringing item on any PC you own.

      No, that's not true.

      The section you mentioned allows them to confiscate all your possessions if they suspect there might have been a single infringing item on any electronic device you own.

    14. Re:So Where Exactly is this 'Leaked' Document? by Kz · · Score: 5, Insightful

      As Douglas Adams wisely told us, no one who wants to be president should ever be allowed to become the president.

      That was actually Plato, in "The Republic" (written almost 2,400 years ago!).

      --
      -Kz-
  2. Re:Copyright by gestalt_n_pepper · · Score: 5, Funny

    No, it's money vs. the serfs. Didn't you get the memo?

    --
    Please do not read this sig. Thank you.
  3. Re:What do ISP's have to do with anything? by TheRaven64 · · Score: 5, Insightful

    If this looks like it should pass then we should push for uniformity in the laws. Make telephone companies liable for anything illegal done using their lines and the post office liable for anything it carries and all manufacturers responsible for how their product is used. Send someone a letter bomb? The post office becomes an accessory to murder. Sing happy birthday into a telephone? The phone company is liable for copyright infringement. Kill someone with a gun or a kitchen knife? Murder charges for the gun or kitchen equipment makers too.

    --
    I am TheRaven on Soylent News
  4. Comment removed by account_deleted · · Score: 5, Informative

    Comment removed based on user account deletion

  5. Re:So what's new? by Cornelius+the+Great · · Score: 5, Informative

    The mainstream media only notices it when someone's already being prosecuted for violating it.

    I agreed completely until this statement. Mainstream media isn't that oblivious- they simply don't have YOUR best interests at heart.

    I'm sure most news networks themselves do notice it, but their parent companies are the very entities lobbying/pushing for more legislation. CNN = Time Warner, NBC = Vivendi Universal, FoxNews = News Corp, ABC = Disney, etc... These news companies (either through affiliates or parent corps) own most of our music, movies, TV shows, and other media, so it's only natural for them to protect their interests by trying to distract us from the draconian laws they're currently pushing through the governments of the world.

    Sadly, it seems that blogs and independent news are our only hope.

    --
    Sigs are for losers
  6. Re:OH NOES by Anonymous Coward · · Score: 5, Insightful

    I didn't think they'd be any different. I just knew the alternative was even worse.

    The only shocker to me is that it's gotten to the point where I can't hate politicians and large multinational corporations enough. Like there's not enough vitriolic words and energy contained within the human brains and body to express adequately what monumental bastards they are. They're fucking blights on society. They're massive drag on the intellectual and economic progress of a country. They are the arch-enemy of freedom and free expression. They are absolutely opposed to anything that advances the state of the average man that doesn't grant a pile of money to the elite in the process.

    Fuck these people and institutions. To quote Joe Pesci in Casino: "Don't fuck me in the ass and tell me it's a blowjob!"

  7. Looks like /. may be on the same side as ISPs... by Interoperable · · Score: 5, Insightful

    for once.

    From TFA: "That ISPs have to proactively police copyright on user-contributed material." ISPs will be fighting this one pretty hard. There's no way they want to invest their resources to trying to patrol the internet. It's not their job, it's likely illegal and it's expensive.

    I do, in fact, think that copyright holders have every right to defend their legal rights but they absolutely must not step on the rights of others in so doing. Take-downs without due process, ISPs acting as police and blanket anti-DRM-violation rules are all measures that stomp on the rights and freedoms of the public. This treaty will infuriate everyone other than the content producers and I think will spark some lobbying from groups that haven't previously been seen on the side of openness.

    The general public (that means a broader public than /.) must become aware of the issues here. Most people simply aren't concerned with IP law even if it should concern them. That said, a threat to YouTube or Facebook or Twitter will spark a response. Here's what I propose: start a group that issues indiscriminate take-down notices of all sorts of media. If there is no punishment for frivolous DMCA notices then there's no risk. Start pissing people off, the service providers that have to deal with the requests and the content producers. Piss people off until legislation to prevent such action comes in, then we've own.

    --
    So if this is the future...where's my jet pack?
  8. Re:I'm going to get a lot of flak for this, but. . by PhreakOfTime · · Score: 5, Insightful

    Yes, there are plenty of people who have filed to run their business as a corporation. You arent a 'corporate owner', that phrase drips with sanctimonious self-importance. I certainly hope you hire a lawyer very quickly to handle your copyright, as you obviously have zero idea what copryright law actually is.

    When 'your friends' create a mix from someone elses music, or use video clips for school work, they are NOT violating copyright. If your friends took someone elses creation, did nothing, and then made a million copies of it to sell for profit, THEN they are violating copyright.

    Seriously, get a lawyer. If you proceed in your misinformed thoughts you are going to find yourself on the receiving end of whats called a 'declaratory judgment' from someone who your all-encompassing ego sent a threat of copyright litigation.

    How do I know this? Well some self-important ass clown tried to send me a cease and desist letter claiming copyright infringement. So instead of backing down, I hit back harder and filed for a declaratory judgment against them. They obviously lost, as their understanding of copyright is about as accurate as yours. When you dont have any idea what the law is, you better not be making legal threats against people, or spending your time looking for people who you suspect of violating something based on your own inaccurate understanding of the subject.

    If you ever crossed paths with me with that BS in public, I would hang you out to dry in the court system so fast, you wouldn't know what hit you.

  9. Re:This proves one thing by Improv · · Score: 5, Funny

    *I* voted for Osama bin Laden. Sure, he would put me to the sword, but at least he wouldn't raise my taxes!

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
  10. What Do We Know? by Bob9113 · · Score: 5, Insightful

    A lot of what we have seen so far on this is second hand, conjecture, etc. The "leaked document" in this case doesn't seem to exist -- it looks like Michael Geist's blog entry is what is being referenced. I think it is reasonable to suppose that the blog entry may be accurate, but we don't really know that it is.

    So what do we know? What conclusions can we draw from the information we have?

    1. It is called the Anti-Counterfeiting Trade Agreement. The word "counterfeiting" in there seems like an important data point.
    2. It has been quashed by citing national security. National security has certainly become an extraordinarily loose standard, but it still means something.
    3. Lots of copyright bigwigs have signed the NDA.
    4. Three Google representatives have signed the NDA. (not sure what that contributes to this post, but I think it is worth noting)
    5. The Obama administration has appointed a number of high ranking RIAA lawyers to the DoJ. I think that they are prohibited from being involved in official court duties related to copyright issues for two years from leaving the industry.

    Item 5 leads me to wonder what those lawyers would be up to if they can't participate in actual proceedings. It seems reasonable to hypothesize that they might be working on ACTA, and combined with item 3 above makes me tend to think that the conjecture that ACTA is related to copyright is true. Yet its title mentions "counterfeiting."

    For years the government has referred to selling fake packaged copies of Windows 95 as counterfeit, which seems fair enough. They are an attempt to pass something off as the genuine article, to deceive the recipient into believing it is the real thing. This is a particularly dangerous thing with money, where the term "counterfeit" is most commonly used, because it devalues the currency. It is also a problem with things like software, in part because the person buying it cannot be confident that they are getting the real product.

    In short, the reason "counterfeit" is worse than mere copyright infringement is because its misrepresentation as the genuine article has extra costs to society. It is on this basis that investigation and punishment of counterfeit products is a more serious issue than of copyright infringement alone.

    So, that makes me wonder: Is the ACTA about what has traditionally been defined as counterfeit, or might it be about redefining all copyright infringement as counterfeiting? If so, it might make the national security issue make sense; counterfeiting is somewhat reasonably considered a national security issue. So if copyright infringement is redefined to be counterfeiting, then all copyright infringement would become, by a wave of a magic wand, a national security issue and would activate sections of the law created to deal with the more serious problem of traditional counterfeiting.

    Heck, if you were sufficiently twisted, you could even think that because this will classify a whole new swath of people as counterfeiters, and because counterfeiting is a national security issue, that disclosing the reclassification of copyright infringement would "tip our hand" to the people who are soon to be defined as counterfeiters. And we wouldn't want to disrupt these enemies of the state before we get a chance to classify their actions as hostile to the state.

  11. Re:This proves one thing by sam_handelman · · Score: 5, Interesting

    No, this is the same people / same industry lobbyists / same secretive, greed-crazed financial companies who control our health insurance *already*.

      If we had a system of publically accountable, transparent entities running health insurance (as we do with health *care*, thank you very much the hospitals are mostly fine,) then it would be crazy to propose a federal takeover. But the groups presently running the insurance scam in this country are the same financial institutions responsible for all the worst excesses of the commerce department.

    --
    The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
  12. Re:This proves one thing by FiloEleven · · Score: 5, Informative

    Interesting that you're voted Offtopic while the post that went offtopic was your parent. You are spreading misinformation, but it ought to be corrected instead of simply modded down.

    The NPR program This American Life recently had two episodes (391 and 392, found here) on the health care system, and the problems with it are just not as simple as the Democrats or the Republicans are making them out to be.

    For one thing, the hospitals are most certainly *not* fine. A big part of the insurance problem is that companies who serve a large area population use that influence to negotiate really low service rates with hospitals in their area. The hospitals want that customer base, so rather than standing firm at a reasonably profitable price, they lower prices for the big insurance company and jack up prices for the same procedures when dealing with smaller companies. The example given in the show was of one hospital in CA which charged one company $1600 for a procedure, and charged another $11,000.

    There's a lot more where that came from in the shows. I highly recommend them to everyone who wants to open his mouth to talk about health care. Everyone knows it's broken, but too many people are looking solely at the broken parts their party claims will fix the whole thing.