[A2k] RIAA "ask" for ACTA: Online Infringring Activites

[julia.riesenberg@keionline.org]

The following is an excerpt from the RIAA "ask" to USTR for ACT.  The part
included here is the section on online infringing activities. The rest of
the RIAA submission is also pretty interesting.

 Julia

http://www.keionline.org/index.php?option=3Dcom_content&task=3Dview&id=3D19=
0

RIAA Suggestions for content of ACTA

These are the substantive suggestions for provisions of the ACTA that
the RIAA sent to the USTR on March 17, 2008.

   [snip]

J. Online Infringing Activities

Parties shall:
1. Provide exclusive rights under copyright to unambiguously cover
Internet use.
2. Establish appropriate rules regarding liability of service/content
providers:
(a) Establishing primary liability where a party is involved in direct
infringement; and ensure the application of principles of secondary
liability, including contributory liability and vicarious civil
liability, as well as criminal liability and abetting if appropriate.
(b) Establishing liability for actions which, taken as a whole,
encourage infringement by third parties, in particular with respect to
products, components and/or services whose predominant application is
the facilitation of infringement.
3. Provide remedies and injunctive relief against any entity that:
(a) Creates or otherwise maintains directories of infringing materials;
(b) Provides "deeplinks" to infringing files;
(c) Commits any act, practice or service that has little or no purpose
or effect other than to facilitate infringement, or that intentionally
induces others to infringe (specifically allowing proof of "intent" by
reference to objective standards--i.e. a reasonable person would surmise
such an intent);
4. Require internet service providers and other intermediaries to employ
readily available measures to inhibit infringement in instances where
both legitimate and illegitimate uses were facilitated by their
services, including filtering out infringing materials, provided that
such measures are not unduly burdensome and do not materially affect the
cost or efficiency of delivering legitimate services;
5. Require Internet service providers or other intermediaries to
restrict or terminate access to their systems with respect to repeat
infringers.
6. Establish liability against internet service providers who, upon
receiving notices of infringement from content provides via e=C2=ADmail, or
by telephone in cases of pre-release materials or in other exigent
circumstances, fail to remove the infringing content, or access to such
content, in an expeditious manner, and in no case more than 24 hours;

or

Provide that, in the absence of proof to the contrary, an internet
service provider shall be considered as knowing that the content it
stores is infringing or illegal, and thus subject to liability for
copyright infringement, after receiving notification from the right
holder or its representative, normally in writing, including by email or
by telephone in the case of pre-release materials or in other exigent
circumstances.
7. Establish, adequately fund and provide training for a computer crimes
investigatory unit.
8. Provide injunctive relief against intermediaries whose services are
used for infringing activities regardless of whether damages are
available.
9. Establish policies against the use of government networks and
computers, as well as those networks and computers of companies that
have government contracts, to prevent the use of such computers and
networks for the transmission of infringing materials, including a ban
on the installation of p2p applications except, and to the extent to
which, some particular government use requires such installation.
10. Consideration to be given to the following: possible rules on data
retention, the right to information giving right holders access to data
held by ISPs in the preparation and course of proceedings including in
civil proceedings, and availability of complete and accurate WHOIS
data.