Secret copyright treaty leaks. It's bad. Very bad.

November 4th, 2009

The internet chapter of the Anti-Counterfeiting Trade Agreement, a secret copyright treaty whose text Obama’s administration refused to disclose due to “national security” concerns, has leaked. It’s bad. It says:

* That ISPs have to proactively police copyright on user-contributed material. This means that it will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn’t infringing will exceed any hope of profitability.

* That ISPs have to cut off the Internet access of accused copyright infringers or face liability. This means that your entire family could be denied to the internet — and hence to civic participation, health information, education, communications, and their means of earning a living — if one member is accused of copyright infringement, without access to a trial or counsel.

* That the whole world must adopt US-style “notice-and-takedown” rules that require ISPs to remove any material that is accused — again, without evidence or trial — of infringing copyright. This has proved a disaster in the US and other countries, where it provides an easy means of censoring material, just by accusing it of infringing copyright.

* Mandatory prohibitions on breaking DRM, even if doing so for a lawful purpose (e.g., to make a work available to disabled people; for archival preservation; because you own the copyrighted work that is locked up with DRM)

H/T @miccolis, @ilabra & @exposur3

The ACTA Internet Chapter: Putting the Pieces Together


Negotiations on the highly controversial Anti-Counterfeiting Trade Agreement start in a few hours in Seoul, South Korea. This week’s closed negotiations will focus on “enforcement in the digital environment.” Negotiators will be discussing the Internet provisions drafted by the US government. No text has been officially released but as Professor Michael Geist and IDG are reporting, leaks have surfaced. The leaks confirm everything that we feared about the secret ACTA negotiations. The Internet provisions have nothing to do with addressing counterfeit products, but are all about imposing a set of copyright industry demands on the global Internet, including obligations on ISPs to adopt Three Strikes Internet disconnection policies, and a global expansion of DMCA-style TPM laws.

As expected, the Internet provisions will go beyond existing international treaty obligations and follow the language of Article 18.10.30 of the recent U.S. – South Korea Free Trade Agreement. We see three points of concern.

First, according to the leaks, ACTA member countries will be required to provide for third-party (Internet Intermediary) liability. This is not required by any of the major international IP treaties – not by the 1994 Trade Related Aspects of IP agreement, nor the WIPO Copyright and WIPO Performances and Phonograms Treaty. However, US copyright owners have long sought this. (For instance, see page 19 of the Industry Functional Advisory Committee report on the 2003 US- Singapore Free Trade Agreement noting the need for introducing a system of ISP liability). (Previously available at

Second and more importantly, ACTA will include some limitations on Internet Intermediary liability. Many ACTA negotiating countries already have these regimes in place: the US, EU, Australia, Japan, South Korea. To get the benefit of the ACTA safe harbors, Internet intermediaries will need to follow notice and takedown regimes, and put in place policies to deter unauthorized storage and transmission of allegedly copyright infringing content.

Read the rest here

8 Responses to “Secret copyright treaty leaks. It's bad. Very bad.”

  1. bob Says:

    my ass is a national security threat

  2. urbanherbalist Says:

    i am sooooo tired of the psyops, the mind control, the “operation mockingbird” grid of disinformation, etc. promulgated by these pseudo-intellectual zionist control freaks. follow the money and the blood … it all leads to rome.

    we need to see our selves as we are, not as “they” have cast us. we are magnificent beings of light. shine on, all. bright blessing.

  3. ivy Says:

    -appreciate the info. ACTA, new to me

    -disturbing to ponder and speculate


  4. Zimbabalouie Says:

    This effectively ends the opportunity to learn in an environment that is not censored. This guarantees that the Holocaust lie will live forever and that all of the crimes of the Zionist around the world will go unchallenged and unknown.

    This act is neither about protecting copyrighted material or about preventing piracy for profit. This entire act is a move by those who will impose a global censorship on the highest crimes of the worlds most criminal governments.

    The first response of everyone who cares about access to uncensored information is to never again buy any copyrighted items. No matter how much that hurts your ability to function. If not one piece of copyrighted material were sold in the world for seven day this false treaty would be burned and never resurrected.

  5. Thebes Says:

    Our overlords WANT to regulate the Internet out of existance.
    THAT is what this “treaty” is about.
    Its largely coincidence that copyright “owners” (ie big music) believe that this is in their self-interests as well.

  6. billytehkid Says:

    how is this national security threat?
    first they should prove that it is a national security threat, before claiming that it is!!!

  7. Bear Says:

    This is BS! The Obama team will stop at absolutely nothing!

  8. Shawn Shady Says:

    Google “Internet 2″ and connect the dots

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