Making Sense of ACTA
Hodejo1 writes "This past week Guadalajara, Mexico hosted the 7th secret meeting of ACTA proponents who continue to ignore demands worldwide to open the debate to the public. Piecing together official and leaked documents from various global sources, Michael Geist has coalesced it all into a five part ACTA Guide that offers structured insight into what these talks might foist upon the populace at large. 'Questions about ACTA typically follow a familiar pattern — what is it (Part One of the ACTA Guide listing the timeline of talks), do you have evidence (Part Two), why is this secret (Part Three), followed by what would ACTA do to my country's laws (Part Four)? Countering the momentum behind ACTA will require many to speak out" (Part Five).'"
That is all.
how it would be constitutional to enact laws that were developed behind closed doors by private interests?
There's no -1 for "I don't get it."
Let's be level headed here for a moment. Let's assume for a moment ACTA was a "fair" agreement. Designed to give all affected parties a fair share of the cake. Even then, it would be met with incredible resistance once it hits the fan. Why? Because it's kept secret. You design a contract that will affect me but I don't get to read it until after it is signed. How in the world could I not resist it with all the force I could possibly have?
Also, they will soon notice that all the secrecy around it only makes it more interesting. If ACTA was published and discussed in plain view, it would soon be drowned in the noise of everyday politics. A few activists would care and as usual, nobody would listen to them. Do you think it would be on /.'s frontpage every other day if it was public? This way, it's kept in our minds, fresh and looming, a secret deal that will affect us but we don't get to see it. Can you imagine anything more interesting?
Of course (please put on your tinfoil hats now), it could all be a gigantic plot to keep our interest on it so we overlook something else. But generally, if ACTA is supposed to become reality some day, the whole secrecy around it will ensure that every government will have to fight an uphill battle to get it ratified and codified and every single step will be monitored closely and reported widely, simply because ACTA got that much limelight. Due to its secrecy.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Get it together, people. We understand the implications and can make the right noises to the right people.
The public will sleep safer knowing we're out there, doing something.
Like the Batman.
It's all about standardizing shipping documents between countries. If you have ever tried to ship something bigger than a letter to the U.S., you'd find yourself spending an inordinate amount of time filling out forms just to get it into the American borders.
ACTA aims to make this pain equal across the board. In some ways it will protect shippers because the better they describe the contents of the package, the less likely it will be to be targeted for extra search measures. On the other hand, who in their right mind ever tells the complete truth on shipping documents? Shipping company hardware overseas isn't a gift, and it isn't really a "customer sample", and it definitely isn't a "commercial sample" or any other category listed on the document. So you usually just mark it as something random and give it a value of 50USD and hope for the best.
God help you if you try to send anything that could possibly generate radio signals. There is an additional form just for that.
The ACTA will pass because it will make it easy to manage documentation for shipping. There won't be a need to keep different forms for different countries at the post office or FedEx counter anymore. Everyone just uses the same ridiculously difficult forms that require signing in triplicate and exact descriptions of the shipment items.
Good day, Citizen. Papers please.
USTR head Ron Kirk has reportedly said that countries would walk away from the treaty if the text were made available
I don't get this. If our elected leaders walk off on the job, we already have a mechanism in place to fix this: a general election. Maybe the next batch is willing to contend with the issue under democratic conditions, such as open consultation.
Oh, you mean only the tinpots will walk away from the table, which will hurt us more than it hurts them. Why didn't you make yourself clear in the first place? Democracy is good, except when negotiating with tinpots, which necessarily takes place on their terms, in the best interest of all concerned.
Nice tail-wags-the-dog justification for subverting democratic transparency.
Or is there something I missed here? Did I skip an essential chapter in Democracy for Dummies? I feel so stupid. Our politicians are willing to shine their eminent sensibilities on this problem and all they want is a little secrecy to work their magic for the good of humanity? There's just no respect in this world, is there?
Not mentioned in the summary or the first two linked articles is what ACTA actually is. It stands for the Anti-Counterfeiting Trade Agreement. http://en.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement
That seems pretty reasonable. So why don't they negotiate the terms out in the open?
I suspect that there's more to it than just this. Someone is trying to slip some funny language into the agreement. Often, when negotiating contract terms, one can deduce where such language is being injected into the document by observing how dearly one party has become attached to some particular wording or content. And in finding these particular terms, one can guess at what sort of hidden agendas the various parties might have.
Have gnu, will travel.
All of this secrecy just feeds the intense interest from the public. Everyone from conspiracy theorists, to fringe lunatics will have ample time to take pot shots at it. That said, they do realize that at some point, they will have to put their 'yay' or 'nay' on this thing? It will be obvious to anyone wanting to read it what it says? If it adversely affects millions of Americans in any significant way, the folks who ratify this thing are history. Brown should be a good reminder of that. Piss enough people off, or scare them enough, and they will act out of self defense. I don't see anything in ACTA that is comfortable, and it actually does make me extremely nervous that only folks like the RIAA are invited to attend. I've seen the ridiculous lengths they will go to and what they consider sane and sensible.
<tinfoilhat>
From the article: efforts at the international level to fight counterfeiting and piracy
I have to wonder at the increase and sudden newsworthiness of Somalian piracy during the private talks around ACTA. When it comes time to present it to the public, talk of counterfeiting and piracy will elicit images of counterfeit currency and Somalian pirates and the average Joe that hasn't read much about the document will assume that those opposing it are a bunch of crazies. Finally, the years of equating unauthorized IP distribution with piracy will come to fruition for our dark masters.
</tinfoilhat>
In all seriousness, though, whether planned by some diabolical secret cabal or not, I can see this confusion being purposefully used to sway the view of the common citizen.
Oh, was that my outside voice?
Politicians haven't been held responsible for this kind of shit ever since they realised the full extent to which they could abuse redistricting.
A bullet may have your name on it but splash damage is addressed "To whom it may concern."
Probably we don't know the right questions.
The answers are easy.
-What is it?
A reciprocity agreement about avoiding piracy, to protect the ellusive Intelectual Property. As economies migrate more and more from material to knowledge, it becomes important to create scarcity of ideas, so that it's possible to market them intead of freely distributing them. As we've seen in the Middle Ages, we're about to perform a huge step -- backwards. Countries which will close will become outdated, just like the former URSS. Countries with free exchange of ideas/culture will get an enormous advantage, just like the US when it did not recognize copyright.
Alas, this certainly will also be used for threats and control by some superpower.
-do you have evidence?
No, I don't. It's bad policy warning someone before you shake him. Fair play is so 19th century.
-why is this secret?
Because the shepherd enters the front door. Tautologically, it's secret because it's bad and thus must be made secretly.
-what would ACTA do to my country's laws?
In simple words, subvert your country values. If you live in a musical country (like me), prepare for more unidirectional cultural domination/contamination and unidirectional money flow.
To sum it up, prepare for spending your money non red tape, under the supervision of the law.
ignore it
technology has gotten to the point that piracy is simply the best distribution model around, for creators and consumers (oh, you thought the law was supposed to protect creators? it protects distributors: look at the contracts distributors sign with creators and tell me who really benefits). consumers get bounty, creators get ancillary revenue streams and distributors die. end of story
let them pass any law they want. no really: what is the value of an unenforceable law? people are getting upset about acta, but i really have to ask everyone: acta may sound diabolical and severe, but its toothless: there's no enforcement of it possible. sure, they may get the occasional grandmother with an unsecured router or a soccer mom who's kids friends take advantage of her hospitality, but that's going to stop technological progress?
let them fund stables of tens of thousands of lawyers and put behind them far reaching draconian laws. whoop de friggin doo. tens of millions of media hungry, technologically savvy and POOR teenagers has them all beat, and then some. the contest is a joke, the laws mean nothing, the game is over: technological progress wins, distributors die
we are simply living in a transition period in which we must suffer the bluster of morons from another media era who simply don't get the fundamental changes taking place around them
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
All of this secrecy just feeds the intense interest from the public
The story may have the Slashdot's attention. But you have drill down deep elsewhere to have even heard of it.
ACTA also seeks to add in some things they have in France like their three strikes law and other goodies that aren't in the US just yet. ACTA will fix all of that though, I also assume fair use will be neutered beyond belief.
I have just read this article and two layers down in links, and have YET to find what "ACTA" is or means. Please add this information to the article -- not all of us can remember the tons of alphabet soup we are being fed.
TRIPS kills people. ACTA will kill vastly more people.
"ACTA will kill people" is the meme your looking for.
The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
""This past week Guadalajara, Mexico hosted the 7th secret meeting of ACTA proponents who continue to ignore demands worldwide to open the debate to the public. Piecing together official and leaked documents from various global sources, Michael Geist has coalesced it all into a five part ACTA Guide that offers structured insight into what these talks might foist upon the populace at large"
One World Government.
Write to your representatives in the national government. It might not mean much, but it's the best (legal) way to get your voice heard. The same arguments why not voting is a bad idea generally apply here.
The best thing is, it might only take one country pulling out to put the ACTA into question everywhere.
My webcomic
> Imagine a closed Internet where every communication, every URL and every download is logged.
Cannot happen. Well, at least effectively. Because of things called "steganography" and "perfect forward secrecy".
So, no. The only closed Internet is a a read-only Internet.
It does lower the bandwidth a lot. But as Thing 1 already replied to you, the high-bandwidth stuff can be done by sneakernet.
Your fear from Trusted Computing is more real. But even there, we are close to the point where third-world countries can host illicit fabs for untrusted computing platforms. Well, I suppose if possession of untrusted computing would be punished draconianly.... but if it gets that bad, the third world will be looking like a really good place to live for a lot of us technophiles....
---
Piracy Feed @ Feed Distiller
Secret laws designed to prevent public comment is completely abhorrent by itself but . . .
It the content of the Treaty which is 100% contrary to the interests of the signing countries that is the worst feature of ACTA!
ACTA is written by Big Media and those with a vision to remake the internet into a copyright policing system and ultimately into a pay per use network.
What do they get? Effective monopoly on most media.
What do we get? Loss of net neutrality (which is already being removed by the FCC for peer to peer systems). ISP policing with a 3 strikes policy only as fair as the ISP makes it, with no appeal and resulting in permanent loss of internet if invoked.
ACTA is an offensive, poorly written and completely undemocratic power grab designed to take citizens by stealth and surprise and result in Billion dollar empires for the Cartel creating it, not to mention their henchmen the RIAA and MPAA - and in the White House.
Somehow we MUST put a stop to ACTA and to this method of Treaty Takeover!
And how?
Elections? With people who couldn't care less about net neutrality, especially in times when their jobs are at risk, provided they don't think about international fishing problems when they hear net neutrality? Hardly. This will never be an issue in any political debate.
And how else would you, could you stop that treaty from happening?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
"How can you stop outsourcing without severely damaging the competitiveness of american companies?"
I'm beginning to think that this is a lie.
We're told over and over again that American companies have to outsource production to other countries in order for them to remain "competitive".
Okay, fine. But tell me this: How do Honda and Toyota and Kia and Hyundai BUILD PLANTS HERE IN THE US???
Are they not competitive? If FOREIGN companies can build plants here and produce products here for sale here AND hire American labor to do so... AND still make a profit...
THEN WHAT THE FUCK IS OUR PROBLEM??????
Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
that the music/ publishing/ movie industry is powerful
but the open internet is even more powerful
iran and china, with all the legal justification they need, and a dire existential motivation to fight an open internet, have proven unable to control it
acta will not, and cannot defeat the open internet. the fact that it remain open is more useful and more important to all of us, governments included, to kowtow to distributors' need to control it to survive. in this contest, distributors die
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
they have all the legal justification, all the enforcement apparatuses, and a dire existential reason to fight an open internet, and they still can't cope
so you think a small industrial sector: distribution of media, can do a better job?
it's a contest: open internet versus a dying economic distribution model. internet wins, easy
you obfuscate the connection, you encrypt it, you darknet it, you disguise it as ip packets on port 80, you make it look like smtp email, you make it look like put form responses on a webpage, you employ steganography: it's an arms race, and it's guerrilla warfare: they have to block everything, you just have to tunnel effectively. they can't cope, they can't keep up, they can't staff and fund the effort necessary to counteract the constant mercurial creative efforts none of us have even dreamed up yet. even if they shut down one method, ten more pop up they have to learn to cope with. its a hydra: cut off one head, eight more shoot up harder to cope with than before
then you package it in software any idiot who can point and click can use easily, and then you give it away for free
no, i'm sorry: the free and open internet wins this contest, really. the benefits of an unregulated internet, in terms of new technologies, new uses trumps, by far, according to anyone, including governments, pandering to one dying economic sector
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
You DON'T talk about ACTA!
There is an interesting question raised about how ACTA would classify IP obtained by whistle-blowers for the purpose of supporting lawsuits in foreign jurisdictions, and to what degree the transfer of such IP would have to be blocked by ACTA implementers.
There is one major US corporation that has an interest in having ACTA language written broadly enough to block such transfers. To date, they have avoided prosecution by US authorities because 1) the means by which supporting evidence was obtained is questionable (the whistle-blower was in fact arrested for IP theft) making its admissibility in a US court uncertain. And 2) US regulators have no standing in a case as (to date) all accidents and fatalities involving the violation in question have occurred overseas. This company is a major supporter of ACTA and has an obvious interest in broad IP definitions and tight restrictions on transfers. But they can't tip their hand in open negotiations. If it became evident that US negotiators were attempting to manipulate language to this end, plaintiffs in foreign lawsuits may be alerted and motivated to lobby against such treaty language.
Some Congressmen will respond to public pressure by their constituents. Those must hear from everyone who cares about the internet and wants it to stay neutral.
Publicity of ACTA with it's secret agenda designed to support monopolies and destroy the internet should help. If ACTA begins to stink enough "Congressmen" will turn away from it.
And for the rest of our "Congressmen" - they want money which is why the currently support Big Media and ACTA. If we could raise say $2 Million per "Congressmen", that should bribe them to do their jobs.