[A2k] EFF and PK filed suit against USTR demanding information about the secret IP enforcement treaty (ACTA)

[Manon Ress]

http://www.eff.org/press/archives/2008/09/17

September 18th, 2008
U.S. Trade Office Withholds Documents on Secret IP Enforcement Treaty
Public Kept in the Dark About Serious Civil Liberties and Privacy Issues

Washington, D.C. - The Electronic Frontier Foundation (EFF) and Public
Knowledge have filed suit against the Office of the United States
Trade Representative (USTR), demanding information about a secret
intellectual property enforcement treaty that the government has put
on a fast track to completion.

The United States, Canada, the European Community, Switzerland, Japan,
the Republic of Korea, Singapore, Australia, New Zealand, Mexico,
Jordan, Morocco, and the United Arab Emirates are currently
negotiating the Anti-Counterfeiting Trade Agreement (ACTA). The full
text of the treaty remains secret, but a document leaked to the public
shows that ACTA could include criminal measures, increased border
search powers, and encouragement for Internet service providers to
cooperate with copyright holders. Despite the significant impact ACTA
could have on consumers and the lack of official information available
to the public, treaty proponents want a deal signed by the end of the
year.

"ACTA raises serious concerns for citizens' civil liberties and
privacy rights," said EFF International Policy Director Gwen Hinze.
"This treaty could potentially change the way your computer is
searched at the border or spark new invasive monitoring from your ISP.
People need to see the full text of ACTA now, so that they can
evaluate its impact on their lives and express that opinion to their
political leaders. Instead, the USTR is keeping us in the dark while
talks go on behind closed doors."

Because of the questions raised by ACTA, EFF and Public Knowledge
filed a request under the Freedom of Information Act (FOIA) in June
for records on the treaty and the negotiations surrounding the deal.
EFF and Public Knowledge later clarified the scope of their request in
July in response to concerns raised by the USTR. But the USTR still
failed to provide any relevant documents.

"The lack of transparency in this process is incredibly alarming,"
said Public Knowledge Staff Attorney Sherwin Siy. "Whatever form ACTA
eventually takes, we can be sure it will be used to justify further
international agreements and laws. The agreement text needs to be made
public to ensure that it doesn't encroach upon the rights of users,
consumers, and citizens to access knowledge, information, and content."

Earlier this week, EFF and Public Knowledge joined more than 100
public interest organizations from around the world calling for
answers about ACTA. The coalition is asking for treaty negotiators to
immediately publish the draft text of the agreement, as well as pre-
draft discussion papers.

For the full complaint:
http://www.eff.org/files/filenode/EFF_PK_v_USTR/USTRcomplaint.pdf

For more on ACTA:
http://www.eff.org/issues/acta/

Contacts:

Gwen Hinze
International Affairs Director
Electronic Frontier Foundation
gwen@eff.org

Art Brodsky
Communications Director
Public Knowledge
abrodsky@publicknowledge.org

Related Issues: Anti-Counterfeiting Trade Agreement

Related Cases: EFF and Public Knowledge v. USTR

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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