This Wednesday is the make-or-break moment for ACTA, the corrupt, secretly negotiated Internet copyright treaty. Wednesday is when the European Parliament will vote on ACTA, and it's a close thing. We need Europeans to write and call their MEPs and tell them that ACTA is not fit for purpose, nor will any Internet treaty negotiated in secrecy ever be. The Open Rights Group has information on contacting your MEP if you live in the UK; and Pirate Party founder Rick Falkingve has a way of contacting all MEPs at once.
We believe that ACTA is such an imbalanced treaty that it disproportionately and unnecessarily puts innovation and freedom of expression at risk. By attempting to deal with two hugely different issues – the counterfeiting of physical goods and digital copyright infringement – the treaty lacks the kind of surgical precision necessary to ensure that fundamental rights are not sacrificed in pursuit of its goals.
Furthermore, ACTA promotes and incentivises the private 'policing' of online content through, for example, its broad thresholds for its criminal measures. It exacerbates such problems by failing to provide adequate and robust safeguards for fundamental freedoms. We set out some key points in our briefing paper.
From the moment it was sprung upon Europe, following a drafting process held in secret, the passage of ACTA has been lubricated by a total disregard for democratic principles. The European Commission has effectively sought to move decisions about ACTA further away from the people and their elected representatives.
There has been a positive consequence of all this: we have seen a renewal of interest in the workings of European democratic institutions, as large numbers of people engage with difficult debates and complex institutional processes in an attempt to understand and influence the passage of ACTA through Europe. People like you have helped to make sure that the democratic process is respected and obeyed.













Unintended consequences of the ACTA text is a serious concern. On individual
criminalisation, the definition of “commercial-scale”, the role of internet service providers
and the possible interruption of the transit of generic medicines, your rapporteur maintains
doubts that the ACTA text is as precise as is necessary.
Tomorrow marks
ACTA, the Anti-Counterfeiting Trade Agreement, is the notorious, unprecedented secret copyright treaty that was negotiated by industry representatives and government trade reps, without any access by elected representatives, independent business, the press, public interest groups, legal scholars, independent economists and so on. Time and again, the world's richest governmental administrations (only rich countries were in the negotiation) told their own parliaments and congresses that they could not see what was in the treaty, nor know the details of the discussion.
“European approaches to competition law need to be changed, at least a bit. Better sector adaptation, for instance. The lack of real control over vertical integration creates the situation where telcos (or media enterprises) own everything from the backbone cables to the music streaming service – that’s not good. One would at least expect some obligation to keep the different tiers apart,” Andersdotter says.