Slashdot Mirror


ACTA Signed By 8 of 11 Participating Countries

An anonymous reader writes with this news on the ACTA treaty, straight from the EFF's release on the news: "On Saturday October 1st, eight countries (the United States, Australia, Canada, Japan, Morocco, New Zealand, Singapore, and South Korea) signed the Anti-Counterfeiting Trade Agreement (ACTA) in Tokyo, Japan. Three of the participating countries (the European Union, Mexico, and Switzerland) have not yet signed the treaty, but have issued a joint statement affirming their intentions to sign it 'as soon as practicable.' ACTA will remain open for signature until May 2013. While the treaty's title might suggest that it deals only with counterfeit physical goods such as medicines, it is in fact far broader in scope. ACTA contains new potential obligations for Internet intermediaries, requiring them to police the Internet and their users, which in turn pose significant concerns for citizens' privacy, freedom of expression, and fair use rights." Update: 10/20 13:24 GMT by T : As several readers have pointed out, the quoted news from the EFF describes the EU as a country; I'm sure they know it's not.

42 of 213 comments (clear)

  1. Countries? by Anonymous Coward · · Score: 3, Informative

    The EU is not a country.

    1. Re:Countries? by King+InuYasha · · Score: 3, Informative

      The EU can sign on the behalf of its member countries, though it doesn't exercise that power often.

    2. Re:Countries? by Anonymous Coward · · Score: 2, Informative

      If the US is a country, the EU is a country. Both are collections of states which were once independent nations. The days of dealing seperately with individual European states are numbered. Deal with it.

    3. Re:Countries? by LongearedBat · · Score: 2

      Actually, meds are often counterfeited.

      From the link:

      1. Products without active ingredients, 32.1%;
      2. Products with incorrect quantities of active ingredients, 20.2%;
      3. Products with wrong ingredients, 21.4%,
      4. Products with correct quantities of active ingredients but with fake packaging, 15.6%;
      5. Copies of an original product, 1%; and
      6. Products with high levels of impurities and contaminants, 8.5%.

    4. Re:Countries? by MikeB0Lton · · Score: 2

      Counterfeit drugs are quite often fake in that they contain more, less, or an entirely different drug than advertised. They have also been known to contain toxic filler material and not practice proper sanitation in manufacturing. Have fun fighting big pharma and taking those cheap foreign drugs. I'd rather pay up and be assured I'm getting the correct medicine from a well regulated facility.

    5. Re:Countries? by HermMunster · · Score: 2

      ACTA has no basis in law in the US. Though it is a treaty the Whitehouse is treating it as an executive agreement. It is also a violation of the Constitution to have signed it. It restrains Congress from making laws and treaties, which the Constitution explicitly empowers them to do.

      The IP Czar has already been caught with her pants down in collusion with the content industry. One needs to find out if her actions are illegal and/or an impropriety. This forces the other nations to comply with US law, but ACTA lets them disregard any part of it. The Whitehouse has enabled itself a lever to wedge the other countries into action, but really has no basis in law nor in the Constitution of the US.

      --
      You can lead a man with reason but you can't make him think.
    6. Re:Countries? by MikeB0Lton · · Score: 2

      How is this naive? On the one hand you reference where the FDA and the Justice Department along with a whistleblower put a stop to faulty processes in a GSK plant in Puerto Rico. On the other reference, clear evidence is shown of the dangers of prescription drug counterfeiting. Both support that the FDA protects the patient from significant harm.

  2. Nation-states no friend to liberty by Anonymous Coward · · Score: 2, Interesting

    The core problem here is that we have nation-states regulating the nationless internet.

    The world's people are no longer divided by stupid, arbitrary national borders. And yet we still have these gigantic nation-states serving to limit our freedoms.

    It is downright ironic that as we open up our capabilities, we move closer toward totalitarianism.

    What we need now is to move beyond nation-states by implementing new forms of governance, starting at the community level.

    1. Re:Nation-states no friend to liberty by TheGratefulNet · · Score: 5, Interesting

      The world's people are no longer divided by stupid, arbitrary national borders. And yet we still have these gigantic nation-states serving to limit our freedoms.

      get this into your head: the way the world works and has always works is: the ruling class exists to have a great life and we, the 99%, exist to support them and serve them.

      anything else you learn in life is secondary to THIS golden rule.

      sorry, but its true. this 50 yr old guy has learned this much from his years out in the real world.

      all else they tell you is food coloring. the real deal is to keep the lower and middle classes 'in line' and there is NOT going to be any personal freedom if it interferes with the ruling classes.

      its how humanity is 'wired' and its always, always been this way. internet or not, people are controllers and those in power are NOT going to give in to this new peer-to-peer (person to person) method of bypassing their control.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Nation-states no friend to liberty by jellomizer · · Score: 2

      The core problem is they are too many people, doing illegal and harmful stuff.

      One of the biggest problems that we face is the difficultly for a small business to get a foot hold, while the big corporations take all the goods.
      Part of the problem is those small business often only have the resources to advertise the same way that most of the conmen do. But there is enough of these people selling faulty/damaging goods only to make a quick buck that people shortly learn to ignore and tag these areas of advertisements for products and services as too shady.
      As a consumer we learn to avoid those small shops who looks like a hole in the wall, and those internet adds with obviously little marketing budget. When choosing a company we tend to choose the big one (no one got fired for choosing IBM) because if you get a small company it could be a scam where you loose money, and get nothing back.
      Small companies as they grow they hire people, the bosses are on a more personal level with their employees and tend to treat them better (The trickle down does work for small companies) Big corporations when they get more money they put it towards improving efficiency meaning getting the business to run with less people, and more jobs that are more humdrum.
      The policing of the internet is overall good for everyone. If you can keep the conmen down to an acceptable levels then you can spur more growth in small businesses and get people people working globally.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Nation-states no friend to liberty by Lumpy · · Score: 4, Insightful

      "The core problem is they are too many people, doing illegal and harmful stuff."

      Yet people keep electing those criminals.

      Honestly if you want to stop this, start electing people that are not rich and have real scruples.

      --
      Do not look at laser with remaining good eye.
    4. Re:Nation-states no friend to liberty by Fned · · Score: 3, Funny

      the ruling class exists to have a great life and we, the 99%, exist to support them and serve them.

      ...and/or invent a special machine to cut their heads off.

  3. But of course by dkleinsc · · Score: 5, Insightful

    Many major corporations are in favor of ACTA, and no major corporations oppose it, so clearly, signing it is a no-brainer.

    I'd have been more surprised if any of the countries in question had had the cajones to stand up to Disney, News Corp, GE, or Time Warner.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  4. Re:Unconstitutional? by GameboyRMH · · Score: 2

    Al Qaeda destroyed your constitution. Not physically, that would have been a regrettable loss of a historical artifact at most, but spiritually, which is much worse.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  5. Re:Unconstitutional? by CrimsonAvenger · · Score: 3, Informative

    Isn't there the question of whether this is unconstitutional here in America? I mean, didn't Obama sign it without it being passed by Congress?

    A Treaty signing is meaningless in the USA. A Treaty is NOT binding until it has been ratified by the Senate.

    So, no, the fact that Congress didn't approve it in advance is meaningless, since they're not supposed to.
    On the other hand, it has no force until the Senate approves it (which it will, almost certainly - there are enough Dems in bed with Hollywood to pass it on their own, even ignoring the Reps who would approve it).

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  6. As soon as practicable? by mmcuh · · Score: 3, Interesting

    They will sign it as soon as practicable? I thought that the European parliament and the Mexican one had explicitly instructed the commission and the Mexican government, respectively, not to sign ACTA in its current form

    I suppose that's just a minor detail.

    1. Re:As soon as practicable? by Hentes · · Score: 2

      The EP only wanted disclosure of the treaty, their problem was that it was written in secret. And I believe the EU did manage to get the worst parts out of it. Of course, it's still bad.

    2. Re:As soon as practicable? by JAlexoi · · Score: 2

      Finland will not enact ACTA, that is guaranteed. You can't get over the fact that access to the Internet is a human right there. Unfortunately, there is this puppet with a baby called Sarcozy, that tramps on French definition of human right via HADOPI. And there are still some sane people in the governments and EP. And since London's riots and other riots across Europe, they should remember that people still have a lot more power than those BoD controlled corporations*.



      Do you know why Soviet Union was called "soviet"? Do you know what the word "soviet" means? Do you know how Board of Directors is translated into Russian? I set it up, you do the checks ;)

  7. Re:Unconstitutional? by Anonymous Coward · · Score: 2, Insightful

    Al Qaeda destroyed your constitution. Not physically, that would have been a regrettable loss of a historical artifact at most, but spiritually, which is much worse.

    Nope, the americans destroyed their own constitution. They were bamboolzed into thinking that Al Quaeda was the coming on the devil on earth and that every possibile action was justified. What is the proverb is fitting to this historical situation "the road to hell is paved with good intentions " ?

  8. Re:Unconstitutional? by CrimsonAvenger · · Score: 2

    Don't kid yourself.
    The Constitution has been ignored when convenient for far longer than the last ten years.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  9. Decentralize and encrypt everything! by GameboyRMH · · Score: 4, Interesting

    Alright shit's getting real. I say as a first step we start by moving everyone onto a Tor-like darknet that runs on top of the current infrastructure. Once the uber-geeks are on we can start bringing Average Joes on, the incentive will kick in for them when they can't get their football game streams, replica handbags, Chinese knockoff batteries, cheap viagra and pirated MP3s. Maybe work in an IPv4-IPv6 transition at the same time, but that's just as much work by itself.

    Then once everyone's on the darknet, start forking the infrastructure. Once the Internet becomes impossible to police there might not be a need to use a wireless mesh, everyone can have fiber to their door - not that a wireless mesh isn't also a worthy endeavor.

    See also: my old commu-net concept: http://search.slashdot.org/comments.pl?sid=1634334&cid=32019410

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:Decentralize and encrypt everything! by Anonymous Coward · · Score: 2, Informative

      You may be interested in metagovernment, which is developing tools toward the same end, but maybe without the file-sharing rampup.

      Along a similar line, you might also be interested in their concept of the distributed administration network, previously discussed at length on slashdot. Admittedly, that is still vaporware, but the alternate system of governance is starting up.

    2. Re:Decentralize and encrypt everything! by Sponge+Bath · · Score: 2

      ...start forking the infrastructure.

      The regulatory powers of government allows control over any physical infrastructure, particularly an infrastructure large enough to replace the entire internet. It's more realistic to do the hard work of changing government to eliminate monstrosities like ACTA. Hint: it takes a lot more than just voting and complaining.

    3. Re:Decentralize and encrypt everything! by Anonymous Coward · · Score: 2, Informative
    4. Re:Decentralize and encrypt everything! by SuricouRaven · · Score: 2

      Using technology to solve a societal problem is untidy, but in this case it's really the only option globally. It's politically feasable, but difficult, to win a campaign for internet freedom in the US or Europe.. but what about China, or large parts of the middle east, or much of Africa? Even Russia, while certainly better than it used to be, is hardly a beacon of individualism.

      It's going to take more than Tor though. Setting up a parallel physical infrastructure isn't really practical, so any effective solution is going to have to be built around modifying existing technology. If I had to pick a few areas to focus on...
      1. Anonymous protocols like Tor and Freenet, certainly, but not for all. There is just too much overhead. Keep them for those who need to be paranoid.
      2. End-to-end encryption, ideally without a dependance upon central authorities subject to easy government control.
      3. Advances in compression. Because the fewer bits you have to move, the easier they are to hide. Be rid of the ageing MP3!
      4. Distributed caching. Truely distributed. A node on every device, ideally. This would hugely lower demand on internet infrastructure, thus reducing economic incentives to filter traffic. It would also reduce the viability of choke points for traffic interception. It should ideally be transparent to the user. I'll go into that more later... and practically impossible to take a file down.
      5. You want unmonitorable networking? Link that distributed cache with a wireless mesh.

      As for how that cache might work... as an example, think of a future time when a webpage may reference images or any other file using magnet links. The magnet link would include both a hash, and a plain old http link. The browser wants to get that file, so it asks the node on that station if it has a copy of the file matching that hash. If no, the node service asks other nearby computers - the ISP's upstream node, the neighbour's computers via wireless, passers-by with mobile phones. If none have the file, then it falls back to the http source... and stores a copy in it's cache, in case anyone else asks for it.

  10. Re:Unconstitutional? by scubamage · · Score: 2

    I think "Bread and Circuses" is more appropriate. Americans couldn't care less, so long as they get to watch American Idol and don't have to see people laying dead in the street.

  11. Re:Unconstitutional? by Jawnn · · Score: 3, Insightful

    Isn't there the question of whether this is unconstitutional here in America?

    You can't be serious. When it comes to corporate greed, The Constitution of the United States of America takes a back seat, pal. Corporations are citizens too (the Supreme Court has said so) and since they have all the money, they are the most important "citizens". Their unique needs outweigh those of you and me. Keep voting for candidates who are paid corporate lackeys, because the "free market" can't survive without government welfare/protection.
    [/sarcasm] It's becoming clearer every day... Obama was a wasted draft pick.

  12. Orwell is probably laughing in his grave, by now. by borfast · · Score: 3, Insightful

    One more unfortunate step towards 1984... :(

  13. Re:Americans at it again by scubamage · · Score: 2

    Not all of us, just most. The remainder are stuck /facepalm'ing all of the time and shaking their heads in disbelief.

  14. Game over by MistrX · · Score: 3, Insightful

    Well people, the age of your relative freedom is definitely over when this is ratified.

    Welcome to the neo dark age. This time not ruled by the church but by Megacorp & co that is called the western world.

  15. Re:Americans at it again by DarkOx · · Score: 2, Insightful

    Keep telling yourself that. I got news for you the EU mostly controls your currency. Has the power to make treaties, and has courts. In most cases EU law has supremacy over member states laws. That is pretty much a nation by any definition. The EU is a central government. It might not be as strong as the Federal government we have here in the states but it is none the less a central government.

    Its time EU citizens face up to the fact YOU FOOLS gave up the sovereignty of your to make quick buck by streamlining some trade and travel restrictions. That worked out short term but just like here in the USA globalism is hollowing you out; and EU membership is going to make your own local government impotent and powerless to protect you. The EU just like dear old Uncle Sam here is far enough removed and fractured enough in represented interests, it either does not care to or won't chose to protect you.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  16. Re:Americans at it again by Joce640k · · Score: 3, Funny

    I thought the whole "war on...XXX" thing was a way to learn some geography.

    --
    No sig today...
  17. ACTA will be an "Executive Agreement" for the US by PolygamousRanchKid+ · · Score: 2

    See: http://en.wikipedia.org/wiki/Executive_agreement . ACTA walks, talks, and quacks like a treaty, but the President of the US can sign it without Congressional approval.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  18. What happened to putting it to a vote? by RandomAvatar · · Score: 2

    For something this big, isn't it supposed to be standard procedure to have a vote? I mean, if I thought the Canadian government was stupid enough to sign it in the first place, I would have protested it. I guess that goes to show that you should never trust your own government.

  19. Re:Unconstitutional? by NicBenjamin · · Score: 4, Informative

    In general you're right.

    Unfortunately Obama is taking the position that all ACTA's provisions are compatible with existing US Law, so actual ratification is unnecessary.

    Look at it this way:
    If the Obama administration charges somebody with counterfeiting some product using the US Code the Courts are not gonna let the dude off because ACTA isn't ratified. They're gonna try the guy under the US Code. And, according to Obama, they'll convict if he actually violated ACTA because everything illegal under ACTA is illegal under the current US Code.

    The people in charge of judging whether the US is complying with the treaty will have to count the dude's conviction as compliance.

    In other words you shouldn't be worried about ACTA. Yopu should be worried that everything ACTA does is already illegal.

  20. Your own government by bussdriver · · Score: 5, Insightful

    Functionally, in areas where corporate interests dictate policy it is no longer your government. "Let them vote for cake" is where things are headed; serious self government is being removed gradually; like boiling a frog.

  21. Constitutional scholar by Quila · · Score: 2

    Now we know why Obama became a "constitutional scholar," to be able to figure out more ways around it when he came to power.

  22. Re:Americans at it again by oakgrove · · Score: 2

    Hahahahaha. European anti-Americanism maps one to one to American anti-terrorist sentiment. Both are fomented as a distraction by the powers that be to steal your rights away from you. Look around you fool.

    --
    The soylentnews experiment has been a dismal failure.
  23. Re:When did that start mattering? by JAlexoi · · Score: 2

    Doesn't the constitution say that no one shall be convicted of a crime, other than in a court of law?
    Killing someone without legal proceedings isn't constitutional either. A person is a person and is not the same as a citizen.

  24. Re:Why the piracy icon? by Fned · · Score: 2

    Slashdot doesn't have a "boot, stamping on a human face, forever" icon.

  25. Re:Americans at it again by delt0r · · Score: 2

    Look around you fool.

    I heard that in a Mr T. voice.

    --
    If information wants to be free, why does my internet connection cost so much?
  26. Re:What's the problem? by feepcreature · · Score: 2

    The problem?
    The ACTA treaty confers powers with dangerously broad and ambiguous language - an example is language to ban:

    a device or product, including computer programs, or provision of a service that... has only a limited commercially significant purpose other than circumventing an effective technological measure.

    So legitimate purposes that are significant, but can be made out not to be commercially significant, won't protect you. Education and research purposes, and fair use gone, at one stroke!

    The international coordination is all about the interests of "intellectual property" owners (mostly distributors, in the content industries), and not about consumers or the broader creative economy. The only stakeholders explicitly mentioned are "rights holders" - if we're lucky, the rest of the world may sneak in as "other relevant
    stakeholders" - but don't hold your breath - it hasn't happened yet, and isn't happening in the shady negotiations for the Trans-Pacific Partnership Agreement. And the only measurement or analysis to be done is about how well they tackle the nut of infringement, with no examination of the sledgehammer of social and economic costs of the enforcement regime ACTA requires.

    Then there are the optional extras such as:

    A Party may exclude from the application of this Section small quantities of goods of a non-commercial nature contained in travellers’ personal luggage. [a Good Thing]

    and

    A Party may provide for the remedies described in this Article to be carried out at the infringer’s expense. [not necessarily A Good Thing]

    A good government would implement the protections ACTA says they MAY do, and omit some of the more onerous and opressive powers the lobbyists got into ACTA as optional extras.

    Our governments, on the other hand, will use draft legislation written by the same content industry lobbyists who wrote the original ACTA policy shopping list, and will try to omit every inconvenient consumer protection measure some ACTA negotiaters insisted on, and include each of the overreaching powers the negotiators reduced from MUST to MAY in ACTA.

    Or we can just stop worrying and hope that the law-faries will bring us cuddly, fair and reasonable legislation that servers the public interest, instead.

    --
    Paul "Say no to feeping creaturism"