ACTA is a treaty drawn up by pirates and for pirates

With SOPA and PIPA kicked into the long grass, another attempt to close down free speech on the internet is now coming under scrutiny. ACTA, the “Anti-Counterfeiting Trade Agreement”, is yet another draft of legislation that is ostensibly for the purpose of enforcing intellectual property rights, although unlike SOPA and PIPA, ACTA is an international treaty. (And apologies for such an obfuscation of acronyms — I presume that’s the correct collective noun).

ACTA, which establishes its own governing body outside existing international institutions such as the WTO, the World Intellectual Property Organization (WIPO) or even the United Nations, was originally signed by countries including Australia, Canada, Japan, and the United States back on October 1st 2011.

When, last Thursday [Jan 26th], twenty-two of the European Union member states including the UK also signed the agreement, French Member of the European Parliament, Kader Arif, was so angered by “manoeuvres” used to get the bill approved, that he immediately resigned in protest from his position as rapporteur:

Negotiations over a controversial anti-piracy agreement have been described as a “masquerade” by a key Euro MP.

Kader Arif, the European Parliament’s rapporteur for the Anti-Counterfeiting Trade Agreement (Acta), resigned over the issue on Friday.

He said he had witnessed “never-before-seen manoeuvres” by officials preparing the treaty.1

And Kader Arif made the following statement:

“I condemn the whole process which led to the signature of this agreement: no consultation of the civil society, lack of transparency since the beginning of negotiations, repeated delays of the signature of the text without any explanation given, reject of Parliament’s recommendations as given in several resolutions of our assembly.”

Click here to read the full BBC news article.

In Poland, tens of thousands of demonstrators also voiced opposition to their own government’s signature to the ACTA agreement:

Crowds of mostly young people held banners with slogans such as “no to censorship” and “a free internet”.

Earlier in the week, hackers attacked several Polish government websites, including that of Prime Minister Donald Tusk.2

Russia Today reported that the Anonymous group had earlier sent out ‘a stern warning’ to the Polish authorities, issuing what was little short of a blackmail note:

“Polish government – we are more powerful than you. We have a lot of your files and personal information. We warn you to exercise caution” which was published on pastebin.com.

The scope of ACTA is more expansive than SOPA and PIPA, not merely geographically, but because it aims to establish and enforce global standards in many other areas. Here’s analysis of how the new legislation will affect the lives of people across the world, published in Forbes:

Worse, it appears to go much further than the internet, cracking down on generic drugs and making food patents even more radical than they are by enforcing a global standard on seed patents that threatens local farmers and food independence across the developed world.

Despite ACTA’s secrecy, criticism of the agreement has been widespread. Countries like India and Brazil have been vocal opponents of the agreement, claiming that it will do a great deal of harm to emerging economies.

I’ll have more on the agreement as it emerges. But to briefly sum up, according to critics of the agreement:

  • ACTA contains global IP provisions as restrictive or worse than anything contained in SOPA and PIPA.
  • ACTA spans virtually all of the developed world, threatening the freedom of the internet as well as access to medication and food. The threat is every bit as real for those countries not involved in the process as the signatories themselves.
  • ACTA has already been signed by many countries including the US, but requires ratification in the EU parliament.
  • ACTA was written and hammered out behind closed doors. While some of the provisions have been taken out of the final US draft, plenty of unknowns still exist. It’s not nearly clear enough how the agreement will affect US laws.3

Click here to read more details in Forbes.

With regards to the internet, the tightening of control on websites will automatically lead to the closer scrutiny of all internet users:

Under ACTA, internet service providers are virtually obliged to monitor all user activity for possible copyright violations. It also gives trademark owners and officers of the law great authority to violate privacy while investigating suspected infringements.4

Rick Falkvinge, the founder of the Swedish Pirate Party, told Russia Today that the ACTA copyright protection treaty is an “excellent example of abuse of power by the corporate industry”:

“This legislation about putting people in jail was negotiated by corporations and the lawmakers just got it in their lap,” he explained. “That is not how a democratic society should work, quite regardless of what this law says.”

Click here to read the full Russia Today article.

Jonathan Swift famously said that “laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.” ACTA is a perfect example of Swift’s observation, drawn up in order to serve the interests of the biggest pirates of our economies. The pirates at the helm of the megabanks who continue to force whole nations to surrender their wealth to bail them out on the basis of threats from their pirate buddies at the credit rating agencies. And the multinational corporate pirates who refuse to pay up their modest contribution in taxes, preferring to bury their treasures in offshore havens.

We already have laws to bring many of the major pirates to justice, but these laws are rarely used for such purposes. Regulations that haven’t so far been axed are increasingly being ignored. Meanwhile, bills like SOPA, PIPA and ACTA have been drawn up to further choke opposition, opening the way for greater corporate control over our lives. All of this so-called ‘anti-piracy’ legislation is nothing but humbug, and poisonous humbug at that. The signing of ACTA, which is clearly designed to squeeze out the little guy and stifle the independent voice, represents just another miserable step towards a globalised corporate tyranny. In short, ACTA was written by the pirates and for the pirates.

1 From an article entitled “European Parliament rapporteur quits in Acta protest” written by Dave Lee, published by BBC news on January 27, 2012. http://www.bbc.co.uk/news/technology-16757142

2 From an article entitled “ACTA action: Poland signs up to ‘censorship’ as 20,000 rage”, published by Russia Today on January 26, 2012. http://rt.com/news/acta-poland-internet-government-745/

3 From an article entitled “If You Thought SOPA Was Bad, Just Wait Until You Meet ACTA”, written by E.D. Kain, published by Forbes on January 23, 2012. http://www.forbes.com/sites/erikkain/2012/01/23/if-you-thought-sopa-was-bad-just-wait-until-you-meet-acta/

4  http://rt.com/news/acta-poland-internet-government-745/

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Filed under analysis & opinion, Australia, Britain, Canada, Europe, internet freedom, Japan, Uncategorized, USA

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