[A2k] M. Geist: Government Keeps ACTA Consultation Results Under Wraps

[Manon Ress]

Go to the link to get newly obtained documents under the Access to
Information Act that provide additional insights into the secretive
nature of the negotiations as well as the results of a limited public
consultation conducted by the Department of Foreign Affairs in the
spring.


http://www.michaelgeist.ca/content/view/3489/135/

Government Keeps ACTA Consultation Results Under Wraps


=09Monday November 03, 2008

Earlier this year, many Canadians were taken aback by reports of a
secret trade agreement that conjured up images of iPod-searching
border guards and tough new penalties for every day activities.  The
Anti-Counterfeiting Trade Agreement, currently being negotiated by
Canada, the United States, Japan, the European Union, and a handful
other countries, generated sufficient public concern such that then-
Industry Minister Jim Prentice specifically denied any links between
the treaty and proposed new legislation.

While the ACTA debate has largely disappeared from the public radar
screen, the negotiations continue. Over the summer, I reported about
attempts to establish a private consultation committee composed of
industry groups that excluded public interest organizations.  The
status of the consultation committee remains unknown, but my latest
technology law column (Toronto Star version, homepage version) reports
on newly obtained documents [13 MB] under the Access to Information
Act that provide additional insights into the secretive nature of the
negotiations as well as the results of a limited public consultation
conducted by the Department of Foreign Affairs in the spring.

The documents confirm that two countries - the United States and Japan
- have emerged as the primary supporters and drafters of the treaty.
Countries have met three times in recent months to discuss elements of
the treaty with those two countries providing draft treaty language to
the other participants just prior to the formal meeting. For example,
in late May, the U.S. and Japan forwarded draft treaty language on new
border measures provisions to the Canadian delegation, two weeks
before a round of talks in Washington.  According to Australian
officials, subsequent meetings in Geneva and Tokyo addressed statutory
damages and criminal provisions for unauthorized camcording. The next
meeting is set for Brussels in early December with Internet issues on
the agenda.

Although bits of information about the meetings have leaked out,
participating countries have gone to great lengths to keep the
negotiations under wraps.  Countries are prohibited from discussing
the substance of the discussions and all documents are subject to
strict confidentiality conditions.  Secret negotiations are common for
trade agreements, however, international intellectual property
agreements have traditionally been conducted in a more open and
transparent manner.

The internal government documents also shed light into the results of
a brief Canadian consultation on ACTA.  Launched in April 2008, the
Department of Foreign Affairs consultation invited the public to
express their views on the treaty and the negotiation process (a
difficult chore given the limited public information currently
available).

While the Foreign Affairs has yet to publicly reveal the results of
the consultation (the department even refused to share individual
submissions with other Canadian government departments), an internal
draft report summarizing the responses notes that "individual Canadian
citizens were generally critical of Canada=92s role in the formal
negotiation of ACTA." Individual responses cited the lack of
transparency associated with the process, the absence of evidence that
a new treaty is needed, the exclusion of developing countries from the
negotiations, and the concern that ACTA might undermine Canadian law.

The consultation also generated responses from 13 Canadian business
associations.  Many received personal invitations to participate in
the consultation from government departments as Canadian Heritage
alone notified 23 groups it considers its stakeholders.  These
business groups were not only generally supportive of ACTA, but some
asked for the inclusion of provisions that would necessitate
significant changes to Canadian law.  For example, one submission
recommended provisions mandating that Internet service providers
terminate Internet access in cases of repeated allegations of
infringement.  Another asked that the treaty make no distinction
between penalties for commercial and non-commercial infringement.

To date, it appears that ACTA is pushing Canada toward a host of new
international commitments that are drafted by officials in Washington
and Tokyo with virtually no public input. With the next round of
negotiations only weeks away, these new revelations reinforce the
necessity for new Industry Minister Tony Clement and Canadian Heritage
Minister James Moore to open the process to greater public scrutiny
and discussion
***************************************************************************
Manon Ress
manon.ress@keionline.org
Knowledge Ecology International
1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.:  +1.202.332.2670, Fax: +1.202.332.2673