Biggest-ever ACTA leak: secret copyright treaty dirty laundry motherlode

Michael Geist sez,
On the heels of the leak of various country positions on ACTA transparency, today an even bigger leak has hit the Internet. A new European Union document prepared several weeks ago canvasses the Internet and Civil Enforcement chapters, disclosing in complete detail the proposals from the U.S., 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 even beyond the transparency debate by including specific country positions and proposals.

The document highlights significant disagreement on a range of issues. For example, on the issue of anti-circumvention legislation and access controls, the U.S. wants it included per the DCMA, but many other countries, including the EU, Japan, and New Zealand do not, noting that the WIPO Internet treaties do not require it.

I've posted brief summary of the key findings, but much more study is needed.

Major ACTA Leak: Internet and Civil Enforcement Chapters With Country Positions


  1. While we can all wonder at the ineptitude of elected leaders, the main point, the ONLY point, is that these are our elected leaders. Why are we sitting here gloating over a leak when in fact the REAL issue is that of our elected leaders in a DEMOCRACY, doing things in secret?

    Yes, there are things that require a level of ‘containment’ for a variety of logical reasons, but this is different. This is about control, squeezing money out of you and me, with little regard for due consultation or oversight.

    When a government has nothing to hide but except from the fear of what their voters would do, they no longer deserve government…

    … to coin a phrase there.

    It is all about trust. Trust that they believe we are not able to have.

    I’m as mad as hell…

    1. Its facinating isnt? When Elected Democratic Governments who are to reflect the will of the people meet in secret to attept to enact unconstitutional laws. Unconstitutional because they attempt to make laws outside of national sovereignty, then implement law within it.Uncontitutional becasue they attempt to make laws in secret becasue they fear what they are doing is not what the majority wishes, and in doing so betray that they are knowingly breaking the law, and fear the will of the people. There is no question that laws made in secret by bodies influenced only by corporations, are designed to subjegate the people for the purpouse of profit, and tax revenue. And as such they do not deserve our obedience. In fact, if you are an American, and you take the Declaration of Independence as a National Creed, we are under an obligation not only to dismis the laws, but to openly and actively undermine the organizations that attempt to bring them into law (IIPA,MPAA,RIAA). What is really needed, is action. We need focused action. We should find out what representatives are involved in ACTA and expose them for selling out the people to corporate interests and vacations in Cabo. We should find out what companies are involved, and NEVER buy ANYTHING from them again. But in the end, I unfortanely believe that the mass popluation is so lazy, that they would rather suffer the loss of personal liberty that organize and fight back. I hope im wrong about that.

  2. Normally I’d rejoice over this. However, since the leak of the climate change memos, I can’t reconcile my ready acceptance of this as genuine with my immediate dismissal of the memos as tainted and unverifiable.

    1. It is a fact that evidence was uncovered exposing shady activity in the climate change camp. This does not invalidate the science of climate change, it just shows that some people were doing shady things to try to prove it. To dismiss fact because you perceive it as reflecting poorly on your chosen belief system makes you a fundamentalist. To dismiss information regarding a separate issue because of earlier fundamentalism, makes you down right scary.

  3. Mr. Doctorow’s posts and their titles come off as the 10 o’clock news of the copyfight updates. BIGGEST! EVER! MOTHERLODE! MONEYSHOT! Well, until Wednesday, when Doctorow will post about it again. Maybe that one will have a blurb introducing it with some perspective, so that small-timers like me can follow along without having to delve in past the time I can afford to spend on it.

    I want to pay attention, but posts like these just weary me. Not a great strategy, IMHO.

    1. Way to bitch about nothing. It’s not that complicated but I will summarise for your time-precious, pompous ass:

      The US are a bunch of fucks. Canada is whishy washy, Japan is lazy, the EU are also fucks – but more practical about it and NZ kinda get the picture about how this is evil, but they are playing along all the same.


  4. I just don’t get the motivation on the part of my elected representatives. I am afraid I am used to the idea that they may sell me out to corporate interests, but here, they are selling themselves out.

    Open processes and democracy work because they directly benefit the law makers. When there is a bad/unpopular law, the guilt and blame gets spread around. It is pointless to kill the lawmakers, because they are everybody.

    But, closed processes and secret lawmaking have an entirely different economy. It is obvious who to blame. Just get the list of people participating in the secret process. It is also obvious how to rectify that situation. And, in one or two quick steps we are back to the most ancient of politics. The lawmakers end up being so unpopular that they can’t go out or taste untested food. They lose almost as much freedom as the people they are enslaving.

    It’s not hard to see the big picture. It’s obvious the end result is bad for everybody. What kind of short-term payoff could be so tempting?


  5. The biggest problem is that most people still don’t know or understand about this.

    The best thing we can do is to tell people. Spread the word.

  6. The US Senate Finance Committee is having a hearing on wednesday (as in two days from now) wherein US Trade Representative Ron Kirk will be testifying. If you live in a state with a senator on the committee write them! Kirk needs to be asked why the US is remaining silent when the rest of the world is coming out in support of greater transparency and also why this is being done despite Obama’s 2009 Memorandum on Transparency and Open Government.

    The list of senators on the finance committee is here:

    Even if you don’t live in one of their states, write your senators, we need to let it be known that this is NOT okay.

  7. Freedom is not passed on in the bloodstream. It must be fought for and passed on to the coming generation…

  8. This is a global trend towards officials and elected representatives going offshore in order to avoid democratic accountability and accountability to the courts of any nation. We say this in Guantanamo bay, and the UN with regard to the Iraq war, proscription lists etc. and this is its civil equivalent.

    The reason for avoiding democratic accountability or accountability to any national court is of course usually graft and corruption. In these closeted discussions, our representatives and elected officials are free to accept lobby funds or other benefits in kind and do dirty deals without visibility or accountability (Haliburton anybody), and hence these types of closet discussions are popular with many of our politicians and bureaucrats.

    What is being created here in various international organisations including the UN, WIPO, ISO etc. is a kind of international world dictatorship made up of officials and politicians who act outside the law of and outside accountability of any nation in the world, and these organisations have been given the power to trump national laws. The UN for example is accepted by most governments leaders to trump decisions made by their national governments even though the countries that signed up to the UN treaty never actually signed up to this.

    This new world order has been piggybacked onto the hysteria of 9/11 and the war on terror and is now being extended to other things including copyrights, patents, standards, use of open source software, DMCA, penalties for downloading copyrighted materials, surveillance of private citizens, fair use etc.

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