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Another ACTA Leak Discloses Individual Country Data

An anonymous reader writes "On the heels of the earlier leak of various country positions on ACTA transparency, today an even bigger leak has hit the Internet. A new European Union document [PDF] prepared several weeks ago canvasses the Internet and Civil Enforcement chapters, disclosing in complete detail the proposals from the US, and the counter-proposals from the EU, Japan, and other ACTA participants. The 44-page document also highlights specific concerns of individual countries on a wide range of issues including ISP liability, anti-circumvention rules, and the scope of the treaty. This is probably the most significant leak to date since it goes beyond the transparency debate to include specific country positions and proposals."

42 of 133 comments (clear)

  1. Fascinating by NeutronCowboy · · Score: 5, Insightful

    I can understand why diplomats tend to like their meetings and discussions to be private. It's a hard enough dance between a few select people in a government that it doesn't need to be complicated by the public getting involved.

    However, in this case, this is hardly a private conversation. Business is involved, pretty much all the world's governments are involved, and the only group not at the table is the largest and the one with the most to lose: actual people. I'd like to see what kind of justification politicians will come up with to argue that corporations can make suggestions, governments can provide input, but god forbid the people actually have a say in the way this sausage is made.

    Unfortunately, I'm pretty sure that the end of the Internet as we know it is near. Too many organizations with too much clout have too many reasons to see the current Internet go away. I don't know what will come in its place, but I'm pretty sure I'll look back at the 90s/early 00s with nostalgia.

    --
    Those who can, do. Those who can't, sue.
    1. Re:Fascinating by Spad · · Score: 3, Insightful

      On the upside, it could finally reverse the effects of the Eternal September by dramatically upping the level of technical knowledge required to operate anything interesting on the Internet.

    2. Re:Fascinating by rtb61 · · Score: 3, Interesting

      That these documents have been purposefully leaked and there is indication of opposition to it's content is proof of the exact opposite. It is pretty much certain that in most modern democratic countries that most of the conditions of ACTA would be opposed by the general public and result in disruptive public opposition.

      The reality is, it is too late to try a force this through, to force the will of the corrupt minority against the will of the democratic majority. Not that this effort should be ignored or the the perpetrators of it should be publicly exposed and called to account for their corrupt activities, their intent to purposefully subvert the growing public expression of democracy.

      A full public investigation should be made of who was involved, who sponsored and supported that involvement, who actually wrote up those bits of proposed corrupt legislation, what private interests were involved whilst 99.99etc percent of the electorate were specifically excluded and, of course what criminal prosecutions need to be considered.

      --
      Chaos - everything, everywhere, everywhen
    3. Re:Fascinating by DaveGod · · Score: 5, Insightful

      I'd like to see what kind of justification politicians will come up with to argue that corporations can make suggestions, governments can provide input, but god forbid the people actually have a say in the way this sausage is made.

      It's all secret so everyone gets to blame unspecified others. When it comes to publish this thing governments will be disowning provisions they worked very hard to put in place. Why couldn't the public participate? Well YOUR government fought hard for that but the others wouldn't let them, of course.

      Governments are supposed to have power because they also have accountability, but that requires transparency. Even if all the politicians really were doing their very best with only our interests at heart that would not be good enough. They must be seen to be doing so, just like justice must be seen to be done, an agent must be seen to act on behalf of his principal and a professional must be seen to be independent.

      We give them some room for national security and so on, in the hope that the bond of trust is so sacrosanct they would be unable to break it, or at least that someone would feel it and the truth would come out. Naive perhaps, but it's happening right here with these leaks. There's a good egg somewhere.

    4. Re:Fascinating by Khyber · · Score: 2, Interesting

      We (the global collective population of the globe) have more guns.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    5. Re:Fascinating by EdIII · · Score: 2, Insightful

      finally reverse the effects of the Eternal September

      I suggest we just isolate all of them and lock their web browsers to the URL they are probably going to anyways..... 4Chan. (kidding)

      dramatically upping the level of technical knowledge required to operate anything interesting on the Internet.

      Seriously... I *fucking* hope so. It's apathy right now that keeps people from obtaining the skills needed to be creating/operating the kind of networks and infrastructures capable of truly stopping ACTA's goals.

      Mesh networks are not the complete solution (no interlinks between cities and peer/transit relationships connecting them to the rest of the world), but I believe that if you couple Mesh Networks with technologies like TOR, FreeNet, and Darknet connected to the standard offerings we can create a layer of communication on the Internet that is effectively impossible to police and stop.

      Unlesss....... they outlaw encryption entirely and start running around with drones triangulating rogue transmissions to put those people in a 're-education' camp. A darker more futuristic version of Pump Up The Volume.

      This is where it has to go before we can finally put a stop to this stupidity. I guess what I am saying is that I want the war to start already dammit. While I am still young enough to fight it.

    6. Re:Fascinating by drsmithy · · Score: 3, Insightful

      I'd like to see what kind of justification politicians will come up with to argue that corporations can make suggestions, governments can provide input, but god forbid the people actually have a say in the way this sausage is made.

      Easy - the people already had their say when they elected said politicians.

    7. Re:Fascinating by L4t3r4lu5 · · Score: 2, Insightful

      Don't make me laugh! Public prosecutions of politicians?! What the hell have you been smoking?

      Have you ever heard the phrase "If you want a puppy, ask for a horse"? This will be cut up and re-worded to sound less offensive than it is, and will pass through anyway. Or, it'll creep up to this current standard after a neutered version has been drafted.

      Don't for one second think that we have any say. Any. We lost that say when the UK became bi-partisan like the US (Tories and Labour), and Europe is impotent (UK police keeping DNA data, ISPs snooping on net traffic etc etc).

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    8. Re:Fascinating by HungryHobo · · Score: 2, Insightful

      This will get a title like "child-pornography and terrorism prevention and cute puppy feeding initiative" and anyone who opposes it will be labeled as a terrorist, baby-rapist, puppy starver.

    9. Re:Fascinating by mcgrew · · Score: 2, Insightful

      Business is involved, pretty much all the world's governments are involved, and the only group not at the table is the largest and the one with the most to lose: actual people.

      We're not people, we don't matter. All that matters to the world's governments is the rich. If you have less than five million dollars in the bank, you're not people.

      Who cares about us? We don't matter. We've gone back to feudal times, only now we have the illusion of representative democracy.

    10. Re:Fascinating by mcgrew · · Score: 2, Insightful

      And who is going to investigate? Who is going to expose? Fox, CNN, the Guardian, are all owned by the corporates. They stand to lose if this is investigated, so don't expect them to investigate. NPR and BBC? They're government, and also stand to lose if this is investigated.

      Nobody will get in trouble over this. The corporates will get what they want, as always.

    11. Re:Fascinating by mcgrew · · Score: 2, Insightful

      Easy - the people already had their say when they elected said politicians.

      You really think my one vote trumps the billions of corporate dollars that go into corporate-sponsored political propaganda? The media are controlled by the corporations, and the only information you're going to get about the candidates is from them. You're going to vote for who they want you to vote for, and you'll do so logically and rationally.

  2. I do love the title though by Saishuuheiki · · Score: 3, Funny

    "Special Measures Related to Technological Enforcement Means and the Internet"... ...really? the internet too? I thought it was just gonna shut down my warez BBS, but now they've gone too far

  3. Eh? by algormortis · · Score: 5, Funny

    This is probably the most significant leak to date...

    Seems like people have forgotten about the R Kelly incident already.

  4. hmm by Sumbius · · Score: 3, Funny

    Time to slashdot some diplomat's webpage? "We have taken your homepage hostage. Surrender your ACTA and come out of your meeting room hands up."

  5. Anyone else think anticircumvention is stupid? by tlambert · · Score: 5, Insightful

    Anyone else think anticircumvention is stupid?

    Basically, they are saying:

    "We can't write working code because the only people willing to write this kind of code are incompetent morons. Skilled engineers think this type of code is a bad idea, and won't touch it. Rather than rethinking our position to be more in line with reality, we want laws that make illegal to circumvent the swiss cheese code that we can actually hire someone to write." ...and now we are trying to foist this stupidity off on the rest of the world?!? No wonder they get upset about their dirty underwear going public.

    -- Terry

    1. Re:Anyone else think anticircumvention is stupid? by Spad · · Score: 3, Insightful

      Anti-circumvention is a necessity because unbreakable DRM is an impossible dream; there simply isn't any way to give the user a lock and let them open it without also giving them the key, no matter how much you try and hide it.

    2. Re:Anyone else think anticircumvention is stupid? by wgaryhas · · Score: 2, Interesting

      Anti-circumvention is a necessity because unbreakable DRM is an impossible dream

      So why does that make anti-circumvention a necessity?

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." - H.L. Mencken
    3. Re:Anyone else think anticircumvention is stupid? by Spad · · Score: 4, Interesting

      Because without it they couldn't stop you from breaking the DRM and disseminating the How-To to a wider audience, who would then be very hard to catch actually infringing. With Anti-Circumvention laws you can both discourage people from breaking the DRM (or at least telling people about it) and take legal action against anyone who does, whether they've actually done anything "illegal" beyond circumventing the DRM or not.

      Anti-Circumvention laws are "Attempted Copyright Infringement".

    4. Re:Anyone else think anticircumvention is stupid? by langelgjm · · Score: 5, Insightful

      Anti-circumvention provisions, particularly as they have been applied in the US, are often used as an anti-competitive device to block legitimate competitors from making interoperable or replacement products. Anti-circumvention provisions also effectively make legal tasks illegal. E.g., ripping a portion of a DVD for commentary or criticism is allowable under fair use, but the process by which one would do so is illegal because it involves violating the DMCA, even though the end result is not illegal.

      Besides, do such provisions actually add anything useful? In order for anti-circumvention to be violated, the underlying work must be copyrighted. In any case of real harm, then the underlying copyright would be infringed as well, in which case you could sue for infringement. If an access control was circumvented but the copyright was NOT infringed, then what harm could there be? On the contrary, it is precisely those situations that we would want to allow for interoperability, etc.

      If the argument is because it stops the spread of anti-circumvention tools, it doesn't. Dozens of DMCA-violating tools are a click of a mouse button away from being installed.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    5. Re:Anyone else think anticircumvention is stupid? by langelgjm · · Score: 2, Insightful

      Because without it they couldn't stop you from breaking the DRM and disseminating the How-To to a wider audience, who would then be very hard to catch actually infringing.

      Yeah, that's worked real well. How many tutorials for ripping DVDs can you find in a few seconds on Google?

      With Anti-Circumvention laws you can both discourage people from breaking the DRM (or at least telling people about it) and take legal action against anyone who does, whether they've actually done anything "illegal" beyond circumventing the DRM or not.

      If they haven't done anything beyond circumventing DRM, why should we care? The harm comes from infringing copyrights, not from circumventing DRM. Anti-cirumvention provisions are an "attack the tool" approach that's both ineffective and misguided.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    6. Re:Anyone else think anticircumvention is stupid? by causality · · Score: 3, Interesting

      If they haven't done anything beyond circumventing DRM, why should we care? The harm comes from infringing copyrights, not from circumventing DRM. Anti-cirumvention provisions are an "attack the tool" approach that's both ineffective and misguided.

      Agreed, but unfortunately that won't stop them from financially (and/or by incarceration) ruining the lives of anyone they can catch doing it. Things like justice and sound policy are the least of their concerns.

      It's like the way the Inquisitors obviously did not believe in the power of their religious message, but that didn't stop them from threatening and torturing (and worse) anyone whom they found inconvenient.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    7. Re:Anyone else think anticircumvention is stupid? by kirillian · · Score: 2, Interesting

      It doesn't make sense to grant a monopoly to market, if the monopoly holder isn't going to sell to that market. If they're going to abstain from doing business (either by refraining from selling DRM-free media, or by making it illegal to use DRMed media), then they have no stake in the market to lose (they'll lose $0 per year due to piracy); granting them copyright is not only pointless, but it will be violated.

      And that's the whole crux of the argument against the huge fines imposed - they aren't losing money because they are not even providing a product in the market that the pirates are serving. Hence, the damage supposedly caused is actually non-existent.

    8. Re:Anyone else think anticircumvention is stupid? by azenpunk · · Score: 2, Interesting

      Infringing upon copyrights is not harmful. It is the current state of copyright law that is harmful in reality. Violating copyrights by file sharing pretty much always helps small artists and may or may not lower revenue for large artists. Diminishing an entitlement granted to some is not harmful.

      I know it's nitpicky but its' hard to have honest discussions on this topic and it's one of my pet peeves. Nothing against you, I am just having a digital outburst.

    9. Re:Anyone else think anticircumvention is stupid? by snowraver1 · · Score: 2, Insightful

      Your analogy sucks... Break and enter is a serious crime compared to theft because there could be people inside, and someone could get hurt. Also, with break and enter you are invading someone's personal space, which is not the case with DRM bypassing.

      A better analogy would include a car and would go something like this... It would be like if you bought a car that would require an oil change every 6 months but once the 6 months had expired, your car would not work at all until you changed the oil again. You, being a knowledgeable, handy, and attractive male, attempt to change the oil filter yourself, only to find that you can't use any filter, you have to buy their filter, or your car won't start. In addition to being knowledgeable, handy, and attractive, you also happen to be clever and dismantled the original oil filter, and used parts of it to make your car start regardless of the unapproved oil filter. You hop in and pull onto the street, only to be pulled over and given a $250,000.00 fine by the most evil cop ever (likely a T-1000).

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    10. Re:Anyone else think anticircumvention is stupid? by nasch · · Score: 2, Insightful

      No, I should be allowed to break into my own house if I want to. I bought the house (DVD). Just because it came with a lock (DRM), why should I be prohibited from opening it?

  6. Sneakernet? by Anonymous Coward · · Score: 2, Interesting

    Neighborhood wireless BBS? Somebody put up a tower and let people in the neighborhood connect to it with subscriber units?

    Group of people rent the fire hall for the weekend and throw down some gigabit switches?

    I doubt strongly people will just accept dropping file sharing. Do we start wasting actual police resources in raiding swapping parties and neighborhood wifi meshes?

    1. Re:Sneakernet? by oldspewey · · Score: 2, Interesting

      Do we start wasting actual police resources in raiding swapping parties and neighborhood wifi meshes?

      The most interesting part of this question is the word "we"

      Who do you mean by "we"? Who's resources are "we" wasting? My hunch is that the people conducting these negotiations behind closed doors have little if any problem having you spend your own (tax) dollars in order to police your own behaviour, while the "content owners" get free enforcement of their right to make profit.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
  7. Oregonians, call Senator Ron Wyden by langelgjm · · Score: 4, Informative

    Any Oregonians, call Senator Ron Wyden. He is a member of the Senate Finance Committee, and the US Trade Representative Ron Kirk (lead US man behind ACTA) is scheduled to testify before the committee this week, discussing the US trade policy agenda. In January, Wyden sent a letter to Kirk inquiring about the lack of transparency and questionable provisions in ACTA. Ask Wyden to grill Kirk on ACTA!

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    1. Re:Oregonians, call Senator Ron Wyden by Anonymous Coward · · Score: 3, Informative

      Here's the complete list of Senate Finance Committee members:

      http://finance.senate.gov/sitepages/committee.htm

      Unfortunately none of them are from my state.

  8. Just walk away by TSHTF · · Score: 5, Insightful

    I don't think there's much chance of changing the American negotiators views on this, but I'm still going to contact my representatives in Congress. Nothing will likely come out of it. If you are a /.er in a more reasonable country, say New Zealand or Canada, I beg you to contact your MPs and demand transparency in this process. We shouldn't have to find out about the progress of negotiations through leaks.

  9. Re:History being made. by TSHTF · · Score: 5, Insightful

    I think people are upset because this accord is being hammered out in secret behind closed doors, and citizens of the affected countries are only aware of progress on the treaty through leaks.

    There's a correct way to "come to grips" with these problems, and that way is by discussing these issues in the open, and allowing for review and comment on what's going on.

  10. The irony of trying to keep ACTA secret by drDugan · · Score: 4, Insightful

    does anyone else find it comic and rather ironic that almost exclusively
    because the countries involved have tried to keep this a secret, that ACTA
    negotiations now get far more attention than they would otherwise?

    I feel this needs even more attention, and more clearly explained and broadly
    disseminated explanation of what is at stake both for individuals and for
    emerging cultures as they join the ranks of "western" strong-copyright regimes.

    1. Re:The irony of trying to keep ACTA secret by magus_melchior · · Score: 2, Insightful

      does anyone else find it comic and rather ironic that almost exclusively
      because the countries involved have tried to keep this a secret, that ACTA
      negotiations now get far more attention online than they would otherwise?

      Fixed that for you.

      Your point would hold if the major news outlets in the US are reporting this story. Instead they focus on what high-profile individual is having extramarital sex with whom.

      There is no liberal media; there is only the corporate media, and ACTA serves to further their interests. I'll lay you 10 to 1 that the moment a reporter tries to get a story on ACTA is the moment he is threatened with job loss from his editor or executive.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
  11. Re:History being made. by ciggieposeur · · Score: 4, Insightful

    For good or ill, I sense history being made here, folks.

    Me too. This is the DMCA all over again.

    Basically the multi-national corporations are coming to grips with a global communications system, and is hammering out an accord on how it can be used.

    FTFY.

  12. Re:As long as we do not criminalize by Thoreauly+Nuts · · Score: 2, Insightful

    How can you explain your children that they are 'criminals' if they download music or video?

    You don't. You explain to them that corporations and governments are criminals and then teach them how to defend themselves from them by using darknets, etc.

    --
    "Disobedience is the true foundation of liberty. The obedient must be slaves. " ---Henry David Thoreau
  13. Re:As long as we do not criminalize by Sloppy · · Score: 2, Funny

    How can you explain your children that they are 'criminals' if they download music or video?

    By telling them that they're criminals if they don't download and use the original purchased medium instead.

    So I guess the way to explain it to the children, is to say that "criminal" is a synonym for person.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  14. Government is run too much like a business by Anonymous Coward · · Score: 3, Insightful

    Business culture has saturated government to the point where it can only communicate via the means established by business. People in government are more comfortable in business meetings and negotiations than they are listening to and communicating with the electorate.

    When they have to communicate with the electorate they resort to pure pr or advertising strategies.

  15. Boycott by korpenkraxar · · Score: 3, Insightful

    I fear this is the only action that content owners will pay any attention to, and I do not mean, stop buying and continue pirating the media. Ignore their new products, on the Internet and in real life. Put pressure on your favorite artists and writers. Tell your friends.

  16. Am I the only one pleasantly surprised by this? by Anonymous+Brave+Guy · · Score: 3, Interesting

    I've been following the whole ACTA fiasco for a while, and was getting increasingly nervous about the whole "behind closed doors" thing. Of course, many of the proposals, particularly from the US, are obviously big-corp-funded crazy talk, and the secrecy of the whole process is abhorrent. However, now that I've seen an official document for the first time, I'm actually pleasantly surprised, in that it's not as bad as I expected.

    I find it reassuring that there are quite a few notes where the EU has explicitly disagreed, apparently even indicating that this is not a point on which they will give way in some cases, e.g., on restricting any damages for infringement to actual damages and rejecting any notion of punitive damages entirely, or where they want to insert wording with the anticircumvention provisions to provide for safeguarding the benefits of certain limits on IPR (which would presumably leave open the door to excluding otherwise fair use from the anticircumvention protection).

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  17. Re: Not Fascinating but Depressing by gink1 · · Score: 2, Insightful

    For those of us who love what the internet has to offer in terms of information, entertainment and news the very idea of the Internet becoming "the CorporateNet" is depressing.

    After the takeover we will still be able to do many things - after we have logged in with our credit card.

    Then CorporateNet can charge us for every download and access (and it will not be cheap!)

    What can we do? If we fight like hell we can delay things for a while, but eventually money will rule out. So be prepared.

  18. We Need To Hire Our Own Lobbists by Black+Gold+Alchemist · · Score: 2, Insightful

    Here's how to restore real democracy world wide. First, we need to create a web-based lobbying organisation to lobby for our views. What we need are lobbyists world wide who will actually go in a bribe the senators and congress people like the corporate ones. Not meaningless PACs that send in worthless petitions. We need a system where all of us could contribute say, $30, and that hires the lobbyists. That's the carrot. Now for the stick. There are scandals everywhere in politics. There are likely scandals "in waiting" hidden in the politics. So, we tell the senators "if you don't do what we want, we will bring up X during the campaign." There's nothing they can do about it, because if they sue us, we just launch the scandal, and their career is over. Now, what if they try to make the lobbyist organisation illegal? The bribe/scandal machine goes into overdrive to defend itself. This is not the best form of democracy on the planet, but it works.

    Second, we must destroy the music and media companies. They are a big threat to freedom world-wide (organised religion and moralism is in front). We need some kind of advertising based model for media delivery, over the internet. Think about if there was a website where you could play any song you wanted - like pandora or whatever. You could submit your music and it would get voted based on "views". Once it hit a certain number of views, we would create a CD of your music and sell that in stores or wherever. Young people (who buy music), often hate corps like Monsanto or whatever they see as bad. So lets use all those stories about teenagers sued by the RIAA to create a negative PR campaign, so the Obama voter types will hate the RIAA go for the service as an alternative.

    --
    Responsibility is an addiction
    Virtue is a temptation
    Community is a cartel