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ACTA treaty aims to deputize ISPs on copyrights | Politics and Law - CNET News
4/22/2010 9:14:09 AM
http://news.cnet.com/8301-13578_3-20003005-38.html
by Declan McCullagh
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CNET News
Politics and Law
April 21, 2010 1:59 AM PDT
ACTA treaty aims to deputize ISPs on copyrights
Internet service providers could become copyright cops encouraged to block access to suspected pirate Web sites, according to a
previously secret draft treaty made public on Wednesday.

One section of the proposeddigital copyright treaty says that immunity from lawsuits would be granted to Internet providers "disabling access" to pirated material and adopting a policy dealing with unauthorized "transmission of materials protected by copyright." If the ISPs choose not to do so, they could face legal liability.

Both theObama administration and theBush administration had rejected requests from civil

libertarians and technologists for copies of the Anti-Counterfeiting Trade Agreement, or ACTA. Last
year, the White House went so far as to invoke an executive order saying disclosure would do "damage
to the national security."

But after the European Parliamentvoted last month by a 633-to-13 margin to demand the release of

ACTA's text, keeping it secret became too politically problematic for the countries represented in the
closed -door negotiations. Besides the United States, the European Commission , Australia, Canada, Japan, and New Zealand are
among the nations participating . They've been egged onby copyright lobby groups.

Much of the language in ACTA has been anonymously proposed by one nation or another but is not final, and it's not clear whether the "disabling access" section will remain. Another nearby paragraph does say, in a nod to privacy concerns, that governments should not "impose a general monitoring requirement" on broadband providers. The language does appear to go further than U.S. laws

governing broadband providers and copyright.
The wording is slightly different froman earlier draft, which talked about yanking the accounts of "repeat infringers " and was
leaked last month by a French digital rights group.
The European Union published the draft text of ACTA on its Web site on Wednesday, along with astatement from EU Trade
Commissioner Karel de Gucht saying concerns about the document's sweep were "unfounded."
De Gucht noted, for instance, that suspected language such as a "three strikes" rule for broadband customers and a "gradual response"
for suspected infringement was not in the ACTA draft .

In general, ACTA's proposals seek to export controversial chunks of U.S. copyright law to the rest of the world. The Digital
Millennium Copyright Act's "anti-circumvention" section , which makes it illegal to bypass copy protection even to back up a Blu -
Ray disc , is in there. So is theNo Electronic Theft Act's concept of making it a crime to copy a sufficient quantity of software ,
music, or videos -- even if no money changes hands.

While the public draft version of ACTA wouldn't prohibit border guards from searching travelers' gadgetry for infringing files, nor would it appear to require that action. That has been one of the concerns of groups like the Electronic Frontier Foundation and Public Knowledge, which havecriticized the draft treaty.

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ACTA treaty aims to deputize ISPs on copyrights | Politics and Law - CNET News
4/22/2010 9:14:09 AM
http://news.cnet.com/8301-13578_3-20003005-38.html
The U.S. Trade Representative said in astatement last week that recent ACTA negotiations in New Zealand were "constructive."
The next meeting is in Switzerland in June.
Update late Wednesday:By now, there has been a flurry of responses to the release of the ACTA draft , including the Motion
Picture Association of Americasaying it is an "important step forward" and deserves to be adopted. TheCopyright Alliance likesit
too. Public Knowledge, on the other hand , remains concerned that ACTA attempts "to export a regulatory regime that favors big

media companies at the expense of consumers and innovators ." The Computer and Communications Industry, which has often cast a skeptical eye toward laws expanding copyright,says the release confirms "fears that the agreement will unreasonably increase the legal exposure of U.S. technology and Internet businesses operating abroad."

Declan McCullaghhas covered the intersection of politics and technology for over a decade. E-mail Declan.
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ACTA digital copyright treaty aims to deputize ISPs on copyrights (CNET):#web
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@mikeeadam s - RT - ACTA digital copyright treaty aims to deputize ISPs on copyrights# web ~Patricia - DropGrabs. com
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ACTA treaty aims to deputize ISPs on copyrights more info here: "0diggsdigg ISPs could become copyright cops
Glenn Fach
ACTA treaty aims to deputize ISPs on copyrights: CNET While the public draft version of ACTA wouldn' t prohibit bor...http:/ /bit.ly/bOTQQU
MyPupDaisy
CNET - Proposed International Digital Copyright Treaty Aims to Deputize ISPs on Copyrights or Face Legal Liability
John Carl
Small steps like this will usher censorship and loss of privacy into America. // Law allows ISPs to be copyright cops
Steve Wyer
ISP' s as the Police ?
Bill Green
ISPs to now become copyright police?
John Wilkenson
RT @Drudge _Report Treaty deputizes Internet providers as copyright cops || Big Brother rides yet again!
Judicial Abuse
RT @AbleGoodm an : RT @Drudge_Re port Treaty deputizes Internet providers as copyright cops || Big Brother rides yet a ...
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