January 28, 2012
Internet freedom's on the line. SOPA and PIPA threatened Net Neutrality and free expression. So does ACTA. More on it below.
For
now, the largest online protest in Internet history got Congress to
abandon SOPA and PIPA but not permanently. Expect resurrection in
modified form. Language may change but not intent. ACTA's worse.
Launched
on October 23, 2007, America, the EU, Switzerland and Japan began
secretly negotiating a new intellectual property enforcement treaty -
the Anti-Counterfeiting Trade Agreement (ACTA).
Other
nations got involved, including Canada, Australia, South Korea, New
Zealand, Mexico, Jordan, Singapore, and the UAE. Ostensibly for
counterfeit goods protection, it's about fast-tracking Internet
distribution and information technology rules at the expense of Net
Neutrality, privacy, and personal freedoms.
It
establishes unrestricted supranational global trade rules. In the
process, it tramples on national sovereignty and personal freedoms.
Moreover, negotiations were secret until WikiLeaks reported in May 2008:
"If
adopted, (ACTA) would impose a strong, top-down enforcement regime,
with new cooperation requirements upon (ISPs), including perfunctionary
disclosure of customer information."
"The
proposal also bans 'anti-circumvention measures which may affect online
anonymity systems and would likely outlaw multi-region CD/DVD players.
The proposal also specifies a plan to encourage developing nations to
accept the legal regime." Those opting out face retaliatory measures.
"The
text (leaves no doubt) that ACTA is not just about counterfeiting."
It's far more. It covers copyrights, patents, and other intellectual
property forms, including the Internet.
It's
also about the ability of users to "communicate, collaborate and
create" freely. In addition, it imposes obligations (on) Internet
intermediaries (and), requir(es) them to police" cyberspace and its
users. As a result, it raises serious questions about open affordable
access, free expression, personal privacy, and "fair use rights."
On May 27, 2011, the Foundation for Free Information Infrastructure (FFII)
said the European Commission published a final ACTA text with few
changes from its last known version. Since introduced, major media
scoundrels reported little about its destructive provisions.
Last
October, Washington, Australia, Canada, Japan, Morocco, New Zealand,
Singapore, and South Korea signed ACTA. US deputy trade representative
Mariam Sapiro hailed the occasion, saying:
"As
with many of the challenges we face in today's global economy, no
government can single-handedly eliminate the problem of global
counterfeiting and piracy. Signing this agreement is therefore an act of
shared leadership and determination in the international fight against
intellectual property theft."
Public
Knowledge attorney Rashmi Rangnath called the deal the Obama
administration's "attempt to foist US law on other countries."
It also broke another candidate Obama promise to "(s)upporte the principle of network neutrality to preserve the benefits of open competition on the Internet."
In
fact, doing so lawlessly circumvented Congress. On October 1, 2011,
Obama acted by "executive agreement." He falsely claimed ACTA's not a
treaty requiring Senate approval. Constitutional issues remain
unresolved.
By
law, executive agreements apply only to sole presidential authority
issues. Treaties must be ratified by a two-thirds Senate supermajority.
As a result, a circulating petition demands Senate consideration. By
February 21, 25,000 are needed. So far, thousands are recorded. Dozens
of legal scholars support it.
So
far, the administration's stonewalling. It's circumventing the law like
it always does and breaking a campaign pledge in the process. Post-SOPA/PIPA, Obama diktat authority rammed it through illegally.
In
contrast, the Mexican Senate rejected it in a non-binding resolution.
On January 26, Poland's Japan ambassador, Jadwiga Rodowicz-Czechowska,
signed it. It's yet to pass parliament.
Public
anger raged across the country against it. The hacktivist group
Anonymous targeted signatory countries' official web sites. It
threatened to reveal sensitive information about officials in countries
passing it.
Anti-ACTA
sentiment affected Poland's parliament. Opposition MPs wore masks to
reflect their refusal to back it. Poland's Prime Minister Donald Tusk
said he'll submit the treaty to parliament and sign it provided "the
government is sure Polish law guarantees freedom on the Internet...."
On January 26, infojustice.org headlined, "EU Signs ACTA, But Treaty Remains in Doubt," saying:
The
European Parliament (EP) has final say. Consideration begins late
February or early March. Committee voting follows in April or May. In
June, Parliament decides.
After SOPA and PIPA's derailing, expect a close vote.
On January 23, 2012, FFII headlined, "EP (European Parliament) legal service consistently overlooks known issues with ACTA," saying:
In a letter to members of the European Parliament, FFII said:
"The
legal service fails to see major issues with damages, injunctions and
provisional, border and criminal measures. The legal service
consistently overlooks known issues." Clearly, "ACTA goes beyond current
EU law, the acquis."
According to FFII's Ante Wessels:
"ACTA
will negatively impact innovation, start up companies, mass
digitization projects, access to medicines and Internet governance. ACTA
threatens the rule of law and fundamental rights."
FFII asked Parliament to reject ACTA. Issues cited included:
(1) Violating EU law.
(2) Unjustifiably discriminating. Threatens access to generic drugs and local foods.
(3)
Criminalizes "everyday computer use." Liability extends to private
individuals, newspapers, web sites, office workers forwarding files or
documents, and whistleblowers revealing information in the public
interest.
(4)
Civil measures also apply to the digital environment. ACTA pressures
ISPs to preemptively censor online communications. It also "incites
privatized enforcement outside the rule of law."
"The
ARTICLE 19 organization" said ACTA's "fundamentally flawed from a
freedom of expression and information perspective. If enacted, it will
greatly endanger the free-flow of information and the free exchange of
ideas, particularly on the internet."
(5)
Endangering public health by restricting access to medicines. It cracks
down on generic drugs, makes food patents more extreme, enforces global
standards on seed patents, empowers agribusiness, and threatens small
farms and food independence.
(6) Global pricing and cultural life issues aren't addressed.
(7) Violates Article 21 of the Treaty on European Union (TEU), stating:
"The
Union's action on the international scene shall be guided by the
principles (of) democracy, the rule of law, the universality and
indivisibility of human rights and fundamental freedoms...."
Negotiations
were conducted secretly. Civil society, public interest groups, and
legislatures were entirely shut out. Major decisions were made
extralegally. They violate established laws and fundamental freedoms.
ACTA
threatens personal and digital freedoms. It creates an extralegal
"global IP enforcement institution to oversee its implementation." It
turns ISPs into enforcers.
The
agreement requires signatories "promote cooperative efforts within the
business community" on issues regarding copyright and trademark
infringement.
As a result, Internet access, censoring, and lost freedom may result.
"ACTA
suffocates collaborative creativity and innovation, and less
explicitly, but just as gravely, threatens free speech through
provisions that may lead to Internet access restrictions for the 'sake'
of combating 'imminent violation' of intellectual property laws."
Worst
of all, secret negotiations facilitate similarly drafted future
international agreements, benefitting powerful interests at the expense
of personal freedoms. For ACTA, heavy-handed Washington pressure forced
through draconian provisions.
Civil
society organizations are outraged. In addition, some nations exposed
gross political treachery in back-room dealmaking. For example, Brazil
called ACTA "illegitimate." The Dutch Parliament refused to consider it.
India strongly opposes it. So do other emerging economies saying it
stifles their development.
Other
nations are undecided. They all have until May 2013 to vote up or down.
As a result, Washington's exerting immense pressure to bring opponents
on board.
EFF
calls back room dealmaking "an affront to a democratic world order."
It's committed to work with other anti-ACTA groups to defeat ACTA.
The Inquisitr
calls the agreement worse than SOPA and PIPA. It "takes a fairly bland
idea - the right of companies to profit from their own intellectual
property - and turns it into a governmental power grab and an excuse to
weaken" Internet privacy.
A Final Comment
ACTA
potentially criminalizes almost anything online. It lets government and
corporate predators censor, shut down sites, and prosecute owners if
they object to posted content. Imagine the effect on free thought and
opinion.
Criticize
government or corporate lawlessness and be silenced behind bars. That's
why stopping ACTA is crucial. SOPA and PIPA outrage was round one.
ACTA's the main event.
A
truth emergency exists. So far, it's mostly below the radar. Exposing
it widely is crucial. Now's the time to act before it's too late.
Internet
freedom's on the chopping block for elimination unless mass public
outrages stops it. EFF cites other plurilateral deals like the Trans
Pacific Partnership Agreement (TPP). It's more draconian than ACTA.
Secret
negotiations again drafted it. Bureaucrats alone were involved. Civil
society, public interest groups, and lawmakers had no say.
Internet freedom's on the line. The stakes are immense. Jefferson understood by saying that:
"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be."
Now's
the time to assure it doesn't happen. Spread the word! Mobilize!
Agitate! Involve Congress! Stop this monster! It's our Internet! Get in
the fight to save it!
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also
visit his blog site at sjlendman.blogspot.com and listen to
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