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Controversial intellectual property treaty being drafted in secret

Written by Rich Fiscus (Google+) @ 27 May 2008 11:51 User comments (33)

Controversial intellectual property treaty being drafted in secret Officials from the United States, European Commission, Japan, and Switzerland are among those secretly working out details for a new anti-piracy treaty to be discussed at this year's G-8 Summit being held in July. A leaked discussion paper for the proposed Anti-Counterfeiting Trade Agreement (ACTA) suggests the adoption of several new legal measures in participating countries that would radically increase the role of government in copyright, patent, and trademark enforcement. Other countries participating in the on-going discussion of the treaty include Canada, Korea, Australia, New Zealand, and Mexico.
Discussion on the ACTA proposal started with an initiative begun last October by US Trade Representative Susan C. Schwab along with 5 members of the Congressional Caucus on Intellectual Property and Piracy Prevention in the US House of Representatives. Although consumer rights groups have been denied access to the text of the proposal, according to IP Justice "select lobbyists in the intellectual property industry" have been given access to the document.

The treaty, as outlined in the leaked document, would mandate authority for customs agents to examine portable devices from laptops to iPods for evidence of either P2P file sharing activity or copied content from media including CDs and DVDs that could constitute copyright infringement. They would then have the ability to seize such property without any judicial oversight, and even levy fines to "offenders."

Also included in the proposal are requirements for the criminalization of all intellectual property infringement including non-commercial offenses which are currently only subject to civil penalties in most cases. With this new standard for criminal law in place it would also require additional participation by law enforcement, including the seizure and destruction of both infringing goods and any equipment used to produce them. This would presumably include such dangerous items as home computers.

Perhaps the most significant measure being discussed is the role of ISPs in the legal process. Intellectual property owners would be allowed to demand identifying information about subscribers accused of infringement, bypassing the very public legal battles the RIAA has faced in their campaign of lawsuits against file sharers. This would be accomplished by reducing ISPs legal liability to their customers, essentially eliminating privacy arguments.

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33 user comments

127.5.2008 11:59

Quote:
The treaty, as outlined in the leaked document, would mandate authority for customs agents to examine portable devices from laptops to iPods for evidence of either P2P file sharing activity or copied content from media including CDs and DVDs that could constitute copyright infringement. They would then have the ability to seize such property without any judicial oversight, and even levy fines to "offenders."
Ok, this is complete BS. There is no way this would ever happen. If so it's ludacris.

227.5.2008 12:27

Absolutely ridiculous, I can't believe that this would actually pass in the U.S. (hoping not).

327.5.2008 12:47

America won't do anything about climate change, but will do things like this????

Doesnt actually surprise me anymore

427.5.2008 12:51

LOL THIS IS SO SECRET THAT THE PUBLIC KNOWS LOL if it was a secret i doubt that the public would know ... dumbasses

527.5.2008 12:51
david89
Inactive

Ok, this is complete BS. There is no way this would ever happen. If They Do I Can See Huge Backlash From People Better Think Twice About It I Am Serious.

627.5.2008 13:04

Lots of ridiculous laws get passed. I can totally see this passing.

727.5.2008 13:34
nobrainer
Inactive

Originally posted by kevinkor9:
LOL THIS IS SO SECRET THAT THE PUBLIC KNOWS LOL if it was a secret i doubt that the public would know ... dumbasses
wikileaks obtained official documents, some government workers actually care about the population getting screwed over by the Media Industry (insert your fave .. AA here).

its a real dozy this one.

http://www.wikileaks.org/wiki/Proposed_U...greement_(2007)

you know unless you are doing something illegal...... /sarcasm

This message has been edited since its posting. Latest edit was made on 27 May 2008 @ 14:21

827.5.2008 14:30

Scoffers: You want to surrender national sovereignty to the UN, yet you're surprised that this is happening?
Do they not teach cause and effect in schools anymore?

927.5.2008 15:58

jesus
i almost think it would be better that we all just strip naked and lie down on our backs. it'd be much less painful than this sh*t.

terrible, terrible, terrible. i've been saving some money to get out of the country if things take a turn for the worst, and i'm quite afraid that i may be using that money here real soon. No way am I going to live in a country that will molest every device I own because they know i'm a bloody pirate.

1027.5.2008 18:10

All this means is that we transmit and receive in a highly cloaked and encrypted format, so "It's for my eyes only darling"


"The flimsier the product,the higher the price"
Ferengi 82nd rule of aqusition


1127.5.2008 18:26

Originally posted by iluvendo:
All this means is that we transmit and receive in a highly cloaked and format, so "It's for my eyes only darling"
no it doesnt, unless you are going to encrypt all your mp3 on your player? but even then they will probably know you are hiding something and confiscate it!

1227.5.2008 18:29

Originally posted by DjDanio:
Originally posted by iluvendo:
All this means is that we transmit and receive in a highly cloaked and format, so "It's for my eyes only darling"
no it doesnt, unless you are going to encrypt all your mp3 on your player? but even then they will probably know you are hiding something and confiscate it!

Once transmitted, we have the unencrypted data

Alos just because it's cloaked and encrypted, it has broken no law. Unless your country can convict on allegation alone, u r safe.

"The flimsier the product,the higher the price"
Ferengi 82nd rule of aqusition


1327.5.2008 18:44

Wow... And how can they prove that it isn't your own (in the cases of mp3 players and laptops)? Unless its a a cd that hasn't come out yet, there's no actual way to prove it... Its all speculation.

1427.5.2008 18:47
nobrainer
Inactive

Originally posted by engage16:
Wow... And how can they prove that it isn't your own (in the cases of mp3 players and laptops)? Unless its a a cd that hasn't come out yet, there's no actual way to prove it... Its all speculation.
that's the point you are guilty and have to prove your innocence.

This message has been edited since its posting. Latest edit was made on 27 May 2008 @ 18:47

1527.5.2008 19:52

Originally posted by engage16:
Wow... And how can they prove that it isn't your own (in the cases of mp3 players and laptops)? Unless its a a cd that hasn't come out yet, there's no actual way to prove it... Its all speculation.
wow, i didnt think about this yet. this is a really good point. its a shame if this happens. im guessing they would be looking at the file names. groups like to tag there stuff so unless you change the name of the file and description i guess you're busted. this whole thing is really obsurd though and I doubt it will ever get passed. Could you imagine the chaos it would create. I bet people in the range of 15-30 probably have a 50% ownership rate on mp3 players. there would be no way to police this. and the time it would take would be crazy. if you think about it they simply wont have the funds to police this issue. i dont think theres anything to worry about. i could say "well, ive heard of crazier things" but i honestly havent.

1627.5.2008 19:58

Originally posted by engage16:
Wow... And how can they prove that it isn't your own (in the cases of mp3 players and laptops)? Unless its a a cd that hasn't come out yet, there's no actual way to prove it...
Quote:
Its all speculation
.


The RIAA likes it that way and wants it that way.

"The flimsier the product,the higher the price"
Ferengi 82nd rule of aqusition


1727.5.2008 20:02
drach
Inactive

This means I'm not bringing my laptop or external hard drive across the border anymore, I have no great desire to give them away.

1827.5.2008 20:19

Welcome to the NWO :(

1927.5.2008 21:38

Why do they really do this? I bet they'd search your laptops for p2p apps, and your mp3 players of unreleased work... but how are boarder gaurds going to know whats unreleased in music and some movies? Totally ridiculous.

2027.5.2008 21:56

can you just imagine this!!!???

Sorry sir, but you have a p2p app, installed in your 3000usd Alienware laptop, so we're going to seize it, i mean come on!! i swear they do this to me and i kill you!! i mean, i for sure would get arrested for fighting to death the security officers

2128.5.2008 12:09

Put all your goodies in "invisible folders". I used to use a program called Magic Folders and it worked great. I don't know if they're still around, but there are plenty of similar programs. The authorities can search and confiscate what they can't find.

2228.5.2008 12:16

Only one thing to do here. If this passes, we all need to band together and stop buying music and movies. For one month. Then two months. Heck, I can go a year without buying music or movies. There are other forms of entertainment. But it has to be a movement by everyone in order to impact the industry. The revolution starts now. You can do without that movie, right? Make a statement!

Nobody does anything now because freedoms have not been taken away. But everyone will be crying when this does pass. Should people just lay down and take it?

This message has been edited since its posting. Latest edit was made on 28 May 2008 @ 12:17

2329.5.2008 17:30
atomicxl
Inactive

The only thing that really shocks me is the possibility of going to the airport and getting my laptop seized due to some warez.

2429.5.2008 22:26

As far as I could tell it sounds like its only for international travel. Not within the country...

252.6.2008 17:41
RNR1995
Inactive

Quote:
Quote:
The treaty, as outlined in the leaked document, would mandate authority for customs agents to examine portable devices from laptops to iPods for evidence of either P2P file sharing activity or copied content from media including CDs and DVDs that could constitute copyright infringement. They would then have the ability to seize such property without any judicial oversight, and even levy fines to "offenders."
Ok, this is complete BS. There is no way this would ever happen. If so it's ludacris.
Investigate it
Already agents at US borders can seize laptops without suspicion or warrant
Already their is an act called the IP act which basically let the "authorities" steal your everything if you are caught copyright infringing ( similar to the drug forfeiture laws) This information does not seem at all far fetched

262.6.2008 20:21

Originally posted by engage16:
As far as I could tell it sounds like its only for international travel. Not within the country...
That seems equally unacceptable to me.
Border searches for drugs or terrorism, yes.
Searches to make Sumner Redstone fatter and richer, HELL NO!

272.6.2008 21:04

This is YET Another attempt at "CONTROL"

282.6.2008 21:40
varnull
Inactive

It has a far more sinister overtone of censorship and control. Imagine you are a writer of political reports and news items. You write them on your legal and clean laptop during long flights, in airports and on aircraft. You arrive in some country with your work.. YOUR WORK .. saved in PDF format, and because it doesn't have any source other than your brain and fingers it can and will be seen as IP infringing material unless you have copyrighted it through a publisher the moment it is put in any saved document format. It can be stolen and given to any chosen and "approved" publisher, and there isn't a damn thing you can do about it.. because you will have been found guilty without trial of stealing your own work. (did you know it is an offence to refuse to give encryption keys and passwords to any "authorised" investigator, police officer or customs guard on demand? I encrypt all my data, and after 3 wrong password attempts it scrambles the lot. I don't care.. I will give them the wrong ones 3 times and then watch their faces as linux destroys everything for me.)

This can happen now to any content at all, at the whim of some fascist bullyboy ignorant armed border guard. It doesn't matter whether you have bought it, and even have the original paid for copy somewhere in your luggage.. It's organised theft, and a way to only allow any output from "approved" sources.. whether that be music, text, video or speech.

Big Brother will approve everything, or will take it from you for their own satisfaction. Welcome to 1984. I tried to warn you about what was going on 5 years ago, but I was called paranoid!
I'm now firmly in the camp of the enemies of the rich and so called leaders.. burn, bomb and attack at every turn.. the choice is plain.. go down fighting or accept the grey stagnant future we have allowed them to create.

BTW.. I haven't bought a film or cd in years, and I'm not starting now. If we could just convince the sheep across the world to do the same, and to stop downloading the latest rubbish.. just for a month would do, it would just about silence these idiots. Only by making a firm stand with resolve will we get anywhere now.


This message has been edited since its posting. Latest edit was made on 02 Jun 2008 @ 21:48

292.6.2008 22:30
lubricant
Inactive

i dont know the answer to this quagmire, but varnull im not exactly following the journalist who doesent immediately copyright his own work thing...

has anyone here considered making their own music? reason is a great little scratchpad for music production
or anyone interested can get the anticon records sampler which has the song "divine disappointment" by alias on ... indy is the answer, son! until of course indy becomes big name then you start all over again....ya get me?

305.6.2008 17:24

Originally posted by varnull:
demand? I encrypt all my data, and after 3 wrong password attempts it scrambles the lot. I don't care.. I will give them the wrong ones 3 times and then watch their faces as linux destroys everything for me.)

Excellent idea, varnull, but there's a caveat on encryption. It's illegal to transport encryption technology to many countries, so even having (or having had, witnessed by the cops) encrypted files is enough to prosecute you. This was well established during the Bill Clinton-era Clipper chip/NSA/Echelon unconstitutional power grab. Keys or files are enough to get you arrested, even if the encryption technolgy is INSIDE the software you're transporting.

The bottom line is, if you're going to travel outside the country, to a country that doesn't have a real, written constitution like ours, or a bill of rights, (a description that covers even the UK) leave your stuff at home. You're guilty until proven innocent and de facto seizures are the norm. They like it, they take it. They know you're not going to come back to fight it in court.

It's your word against theirs. Always.
This message has been edited since its posting. Latest edit was made on 05 Jun 2008 @ 17:26

315.6.2008 17:27

Originally posted by lubricant:
i dont know the answer to this quagmire
The answer to Quagmires is "Giggety-giggety-goo."

325.6.2008 17:35

Originally posted by dude845:
Why do they really do this? I bet they'd search your laptops for p2p apps, and your mp3 players of unreleased work... but how are boarder gaurds going to know whats unreleased in music and some movies? Totally ridiculous.
If they right-click on a file and don't see "Protected" you're probably off to the hoosegow. That's how stupid and uninformed the people behind these laws are. They're going on the theory that the only way you'd have a movie on your machine at all is because you either bought it and it would have their lovely DRM, or if it's unreleased, you're guilty. If you say it's a screener, they probably take your name and verify you were on the prescreening list, comparing it to the striped or blanking interval key number.

339.6.2008 3:22
nobrainer
Inactive

and things just keep getting worse for us consumers, not that we had to try hard to guess who was actually behind this anti consumer proposal or anything!!!

Secret super-copyright treaty MEMO leaked

Originally posted by hyper:
Wikileaks has the full text of a memo concerning the dread Anti-Counterfeiting Trade Agreement, a draft treaty that does away with those pesky public trade-negotiations at the United Nations (with participation from citizens' groups and public interest groups) in favor of secret, closed-door meetings where entertainment industry giants get to give marching orders to governments in private.

It's some pretty crazy reading -- among other things, ACTA will outlaw P2P (even when used to share works that are legally available, like my books), and crack down on things like region-free DVD players. All of this is taking place out of the public eye, presumably with the intention of presenting it as a fait accompli just as the ink is drying on the treaty.

Honestly, it's becoming clearer and clearer that the entertainment industry is an existential threat to the idea of free speech, open tools, and an open communications network.

Who is really behind ACTA? Follow the money:

Rep. Howard Berman (D-CA)[4]

Top four campaign contributions for 2006:
Time Warner $21,000
News Corp $15,000
Sony Corp of America $14,000
Walt Disney Co $13,550

Top two Industries:
TV/Movies/Music $181,050
Lawyers/Law Firms $114,200

Other politicians listed also show significant contributions from IP industries.


This message has been edited since its posting. Latest edit was made on 09 Jun 2008 @ 3:27

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