"The three strikes is key - the draft chapter finally puts to rest the question of whether ACTA in its current form would establish a 'three strikes and you're' out model [ed: if someone in your house is accused of three acts of copyright infringement, your whole house loses internet access]. The USTR has recently emphatically stated that it does not establish a mandatory three strikes system. The draft reveals that this is correct, but the crucial word is mandatory. The draft U.S. chapter does require intermediaries to play a more aggressive role in policing their networks and the specific model cited is the three-strikes approach. In other words, the treaty may not specifically require three-strikes, but it clearly encourages it as the model to qualify as a safe harbour from liability.
"This leaks shows how deceptive the USTR has been on this issue - on the one hand seeking to assure the public that there is no three-strikes and on the other specifically citing three strikes as its proposed policy model. Given the past U.S. history with anti-circumvention - which started with general language and now graduates to very specific requirements - there is little doubt that the same dynamic is at play with respect to three strikes."
The ACTA Leak: Revealing Deceptive USTR Claims on Three Strikes (Thanks, Michael!)
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I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.
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