[A2k] Aaron Shaw's latest post on ACTA: new secret meetings

Manon Ress manon.ress@keionline.org
Wed Jul 30 10:48:01 2008


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http://fringethoughts.wordpress.com/2008/07/30/acta-surprise-more-secret-meetings/

ACTA Surprise! More Secret Meetings (this time in D.C.)
July 30, 2008

I.P. Justice has linked to a freshly leaked memorandum addressed to
"ACTA Negotiators" from unnamed "Business Associations."

The memo articulates positions consistent with the draconian
enforcement measures sought by many content owners throughout the
furtive ACTA process. In both its scope and tone, it also resembles
quite closely the earlier submissions of comments by groups such as
the RIAA, the International Trademark Association (ITA), and others.

The memo underscores the extent to which these organizations expect
that the wealthy governments of the world will foot the bill for
enforcing their private rights. It's my understanding that in U.S.
law, the financial and legal burden of enforcement of private rights
traditionally falls on the rights holder. I'm pretty sure that's why
the government isn't usually the one to sue you if you trespass on
your neighbor's backyard. In the brave new world envisioned by these
business associations, suspected infringement of copyrights or
trademarks would be sufficient to justify search, seizure and other
forms of state intervention.

 From where I'm sitting, that sounds an awful lot like a seriously
invasive form of corporate welfare.

However, the memo also reveals one detail that the United States Trade
Representative, the Canadian government, the European Commission, and
other negotiating parties have declined to make public: the
negotiations for ACTA are continuing - in secret - right now in
Washington, D.C.

In off the record conversations with government officials, I had been
led to believe that late July was a target date for the second round
of ACTA talks. However, there has been some misdirection and sleight
of hand about exactly when and where these meetings would happen.

Turns out the ACTA negotiators from the U.S. (presumably members of
the Office of the U.S.T.R.) do not mind passing such information along
to "Business Associations" in a more timely and open manner.

As an interested citizen who submitted my own comments to the USTR
about ACTA back in March, I find the USTR's preferential treatment of
corporations who support ACTA irresponsible and reprehensible.

The terms of the proposed agreement are too important for the future
of the digital economy, global trade, the Internet, and international
legal precedent for the negotiations to continue in secret.

As I've said before, this is no way to build a "new consensus" on the
governance of trade in informational goods. Instead, it is a shameless
tactic to railroad bad policies based on flimsy evidence and dubious
intent.


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Manon Ress
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