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Ambassador Claims ACTA Secrecy Necessary

I Don't Believe in Imaginary Property writes "According to Ambassador Ron Kirk, the head of US Trade Representatives, the secrecy around the ACTA copyright treaty is necessary because without that secrecy, people would be 'walking away from the table.' If you don't remember, that treaty is the one where leaks indicate that it may contain all sorts of provisions for online copyright enforcement, like a global DMCA with takedown and anti-circumvention restrictions, three-strikes laws to terminate offending internet connections, and copyright cops. FOIA requests for the treaty text have been rebuffed over alleged 'national security' concerns. One can only hope that what he has said is true and that sites like Wikileaks will help tear down the veil of secrecy behind which they're negotiating our future."

19 of 407 comments (clear)

  1. The question is... by Ltap · · Score: 5, Insightful

    If it's an international treaty, then why is the secrecy a "national security" matter?

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    1. Re:The question is... by jandoedel · · Score: 5, Funny

      it must be INTERNATIONAL SECURITY then. Which obviously means that we have to coöperate to protect Earth from extraterrestrial threats. Intergalactic pirates trying to steal our music. Must be.

    2. Re:The question is... by afidel · · Score: 5, Insightful

      Sorry, but international politics is no different from national politics, the less light that is shown on the process the more mold that grows in the form of graft, theft, and one sided favoritism for the elites and their supporters. If the process can't hold up to scrutiny then it doesn't need to take place at all.

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    3. Re:The question is... by bill_kress · · Score: 5, Funny

      it must be INTERNATIONAL SECURITY then. Which obviously means that we have to coöperate to protect Earth from extraterrestrial threats. Intergalactic pirates trying to steal our music. Must be.

      All your bass are belong to us?

      I, for one, welcome our new pirate-friendly overlords. SERIOUSLY.

    4. Re:The question is... by dnahelicase · · Score: 5, Insightful

      Why would you "walk away from the table" if an international treaty was being drawn up that affected you? Maybe Mr. Kirk needs to call a bluff?

      Government: "People are getting upset, we need to open up about what we are talking about"

      Content Owners: "No! They aren't going to like it. You're only helping the pirates! Only the pirates would object! Whine! Whine! If you want to talk to them, then we'll just leave!

      Government: "Crap! They said they would leave! Hush up! Down with the pirates!"

      seriously...if someone would walk away from an agreement just because it is "out in the open" then they are either not representing their constituency or they are really able to gain a competitive advantage by screwing someone else. Everyone that matters would want a say regardless. International politics are not hard to understand - ever observed a kindergarten class?

  2. Is Kirk hinting to us? by SlappyBastard · · Score: 5, Interesting

    Just saying that such a statement seems like a quiet -- yet deniable -- way to ask folks to tear down the secrecy. If he really wanted it to survive, you'd assume he'd be a tiny bit more subtle than, "If this shit is known, this treaty is fucked."

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  3. Walking away from the table by DeeVeeAnt · · Score: 5, Interesting

    That would be a bad thing? How exactly?

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    1. Re:Walking away from the table by LordSkout · · Score: 5, Insightful

      It would be a bad thing to those who are trying to get make this garbage law. By all appearances, any scrutiny of these plans would inflame the public's ire, and anyone with a public image to care about would not want to collect this kind of tarnish. We can only hope the two senators calling for transparency get some kind of traction going, but Big Media has money in so many pockets, it might be frivolous.

  4. Well then by Alphanos · · Score: 5, Insightful

    If the contents of this treaty are so abhorrent that politicians cannot survive being associated with it, then that seems like a great reason why everyone should walk away from the table.

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    1. Re:Well then by mcgrew · · Score: 5, Insightful

      You're either joking, or you wear rose colored glasses.

      That will suck if you live in a place like China, where the technocrats will decide, but in places like the US and Europe, well, those are democracies states, and there will be debates

      Yeah, like the debates on the PATRIOT act, the Bono act, the DMCA? Dream on, son. Your vote is meaningless. You have two Senators and one representative you can vote for, Time-Warner gets to vote for ALL the Senators, all the congressmen, and all their opponents.

      Debate? Yeah, I liked the debates I heard between all five viable* Presidential candidates last election. Oh wait...

      * Five parties had their candidates on the ballots in enough states to win, had those candidates actually been reported by the corporate media. Most people think they only have two choices and that a vote for anyone else is wasted, thanks to corporate propaganda spewed by corporate media.

  5. F*CKING BUSH!!! by Anonymous Coward · · Score: 5, Funny

    I'll be glad when we have a new president!

  6. What else scurries when the lights are turned on? by tkrotchko · · Score: 5, Insightful

    If people will walk away from the table if they become associated with the effort, then what does it tell you about the effort?

    It tells me that ACTA is something that companies want to increase their profits without the bad publicity of trying to throw their "customers" in jail.

    Perhaps it's better if we stopped the charade here.

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  7. Re:Should all treaties be public? by SharpFang · · Score: 5, Insightful

    Oh, treaties concerning the military powers should be secret, except of the most general gist ("we are cooperating", "we have a non-aggression pact" and such.)

    But this is a treaty about the fucking entertainment industry. Using the "national security" excuse here is a sign of the absolute abuse of power.

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  8. White Male Land-owners? by FatSean · · Score: 5, Insightful

    It worked because 200 years ago the only people who had say in gov't were wealthy white land owning men. A fairly homogeneous class that didn't have too many internal divisions. Now-a-days we have a huge spectrum of voters which makes it much harder to agree on anything.

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    Blar.
  9. Re:Down with the Government by ckaminski · · Score: 5, Insightful

    Oh please. Our system is "working" just fine. 95% of American's get plenty to eat (too much, including me). We get fresh clean water at a moments notice - even the poorest among us can get free clean water. We can even manage jobs for 30+ million illegal immigrants.

    America has problems, but to spout revolutionary rhetoric over copyright laws is just as silly as the mountain men in Montana holed up with 100s of guns and 10 years of canned food. It's just that, rhetoric. Stop being an ostrich, a sheep - get involved, get your friends involved. Let your elected officials know exactly how you feel. You are but one voice, but one voice among many - motivate them.

    Politics isn't just for the politicians, you know.

  10. Re:Should all treaties be public? by Haxamanish · · Score: 5, Interesting

    The League of Nations (1919-1946) forbade all secret treaties, especially military ones, since they lead to the Great War (WW1) - outlawing secret treaties was pushed by Woodrow Wilson. It was broken by the Hoare-Laval Pact in 1935, which effectively killed the League of Nations.

  11. Re:Down with the Government by PakProtector · · Score: 5, Insightful

    Sadly, you seem to have missed the entire point.

    If you are merely satisfied with having enough calories per day and enough clean water to continue surviving, that's fine. Some of us, however, feel that more than mere physical necessities are necessary for our happiness. Free discourse, without threat of retribution or harm, the freedom to travel as we see fit without the Government saying who may or may not go where based on how politically 'risky' they may be (as the TSA watch-list brings back memories of McCarthy era communist-blacklists), and the ability to be allowed to live our lives in peace so long as we harm no one.

    The Government may not punish us for what we may do. It may only punish for what we have done. You cannot lock a man up on suspicion of likelihood of his committing murder, only once he has in fact attempted or committed said murder.

    The attitude of the common people, the faex populi, is that security can be purchased. We have been lulled into believing that the world can be made 'safe.' Life in inherently unsafe. Being 'free' means that you give up security.

    We are coming all too quickly to a nation where papers are required to move about, where every single aspect of our lives is monitored by the Government for 'suspect' information exchange, and where we, Human Beings, are being treated as commodities and resources to be traded, purchased, and sold, instead of being treated as Human Beings, with inherent dignity and with respect afforded to us.

    One need look no further than any modern corporation and its "Human Resources" department to see this mindset. I am not a resource. I am a human being. We have been desensitised to the callous manner in which we commonly treat each other. We have lost, as a nation, the concept of personal responsibility for our actions. There is always someone to blame.

    The death of Democracy (which we are, in fact, not -- we are a representative republic) is that of scapegoating.

    The People want their bread and circuses. They want someone to blame when things seem bad, be it the Anarchists, the Communists, the Pinko-Commie-Sympathisers in Hollywood, the Hippies, the Socialists, the Terrorists. These targets are paraded in front of the people to drum up the necessary excuse for the acquisition of greater and greater power by the Government. The Government does not need to read my e-mail, or tell me what weapons I may and may not own. If people truly wanted to be safe from gun-totting madmen, the easiest way to do so would to arm everyone so that as soon as a man opened fire on a crowd, everyone in that crowd would be able to respond in kind.

    If people truly cared about the lives and living conditions of prostitutes/sex-workers, they would legalise prostitution so that pimps cannot beat their girls without fear of the girls going to the police, so that prostitutes would not be raped in back alleys because their trade would take place in safety and not in secret.

    The right to swing one's fist ends where the other man's nose begins. Likewise, the right to dictate correct behaviour ends where your body ends. Murder is not a curtailment of one's freedom (as something being illegal does not stop anyone from doing it), but is a protection of the freedom of others to remain unmolested in their person.

    You, and the people like you, are what have driven this country to the dire straits it is in. Government is not a good, sir. It is a necessary evil. It must necessarily, therefore, be kept as small, impotent, and powerless as it can be.

    We need no great standing army to defend our nation. If every man and woman who has reached the age of majority was required, as in at least one country I can think of, to keep in their home a fully automatic military weapon, then any invading force would be met with resistance the likes of which our standing army with its tanks and planes and bombs could not match.

    The only true way to security is through freedom -- the freedom of the

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  12. From the actual law... by Late+Adopter · · Score: 5, Informative
    The grounds used to deny the FOIA request were 5 USC 552(b)(1), which states (bolded for emphasis):

    (b) This section does not apply to matters that are--

    (1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;

    People interpreted that as meaning national security, but it clearly means foreign policy in this instance.

  13. Re:Down with the Government by IgnoramusMaximus · · Score: 5, Insightful

    We need no great standing army to defend our nation. If every man and woman who has reached the age of majority was required, as in at least one country I can think of, to keep in their home a fully automatic military weapon, then any invading force would be met with resistance the likes of which our standing army with its tanks and planes and bombs could not match.

    While I do agree with many of your sentiments, technology has rendered the citizen-militia / obscenely-funded-military balance untenable. Other nations can muster weapons of such power that assault rifles become a laughable response. Your assumption that an invader has to occupy - and therefore engage in the kind of warfare which USA is waging in Iraq - is false (also note that even though Iraqis had a lot of AK-47s in pretty much every house, their "liberation" was crammed down their throats despite of that, with millions of refugees and hundreds of thousands of dead and maimed). I case of vast riches hoarded by a population armed only with anti-personnel weapons, a nation-state enemy has only to employ a sufficiently powerful WMD system with reasonably short lived post-effects. Then there are also issues of naval blockades etc.

    So clearly something beyond the home-kept assault rifles and RPGs is required.