[A2k] Vito Pilieci: Internet talks to create copyright police

[Manon Ress]

http://www.ottawacitizen.com/business/Internet+talks+create+copyright+polic=
e/2189986/story.html

Internet talks to create copyright police

U.S., Canada lead charge against illegal downloaders

By Vito Pilieci, The Ottawa CitizenNovember 6, 2009


OTTAWA =97 Canadian officials are taking part in negotiations for a top-
secret copyright treaty that could see families barred from the
Internet for a year if someone in the household is suspected of
illegal downloads.

Under the worldwide rules of the Anti-Counterfeiting Trade Agreement
(ACTA), Internet service providers such as Bell and Rogers in Canada
would be required to become copyright police and filter out pirated
material from their networks, hand over the identities of customers
believed to be infringing copyrights and restrict the use of identity-
blocking software.

ACTA would employ a three-strikes policy. People believed to be
regularly downloading copy-protected material, such as movie and music
files, could have their Internet connection severed for up to 12
months and be forced to pay a fine.

=93It=92s incredibly disproportionate. Three unproven allegations of
infringement will cut off Internet service for a year for an entire
family,=94 said Michael Geist, who holds the Canada Research Chair in
Internet and E-commerce Law at the University of Ottawa.

=93It=92s not based on the individual user, it=92s based on the connection,=
=94
added Geist, who said he has received details of the proposals from
people closely associated with drafting the agreement.

The treaty, which is being pushed forward by the Office of the United
States Trade Representative, closely mimics the controversial Digital
Millennium Copyright Act (DMCA) that governs copyright issues in the
U.S.

It puts in place measures that would make it illegal for consumers to
make backup copies of DVDs or other media with built-in copy-
protection technology.

Other provisions could make information on iPods, laptops and other
personal electronic devices illegal and force travellers to prove to
border officials that the content on such devices was acquired through
legal channels.

The U.S. has been particularly vocal about Canada=92s lack of copyright
reform. The U.S. Trade Representative placed Canada on its piracy
=93priority watch list=94 earlier this year, labelling Canada a piracy
haven alongside Algeria, Indonesia, China and Russia.

After less than a week on the job, the U.S.=92s new ambassador to
Canada, David Jacobson, scolded Canada for what he said were lax
copyright laws.

The Canadian Copyright Act has not been amended since 1997, two years
before the Napster file-sharing site forever changed the way people
obtain music and movies online. An attempt to update the act in 2005
was abandoned, and amendments proposed last year were stalled by a
federal election.

The government is now polling citizens on copyright issues and
collecting opinions on how best to amend Canadian laws. But the
introduction of ACTA, which would force Canada to adopt international
copyright standards, would likely make those discussions meaningless.

=93We are looking at a global DMCA,=94 said Geist. =93From a Canadian
perspective, having just conducted a copyright consultation and having
ministers talk about a =91made-in-Canada=92 copyright solution, what it
actually represents is a loss of Canadian sovereignty over its
copyright policies.=94

Spokesmen for Industry Minister Tony Clement, whose department is
responsible for the cross-country consultations, did not return calls
Thursday.

ACTA negotiations continue today in South Korea with representatives
from Canada, the European Commission, Japan, Switzerland, New Zealand,
Australia, Mexico, Morocco, Singapore, the Republic of Korea and the
United States.

According to the website of the Department of Foreign Affairs and
International Trade Canada, participants in the talks have confirmed
=93their intention to conclude the agreement as soon as possible in 2010.=
=94

Federal trade agreements do not require parliamentary approval. Only
the signature of a government representative is needed for an
agreement to be passed as law.

According to leaked documents, ACTA would operate under a governing
body overseen by a committee of representatives from member nations.

News of ACTA negotiations spurred widespread concern in May 2008 when
a draft version of the treaty was leaked on the Internet. Subsequent
demands by opponents to open the contents for public scrutiny have
been repeatedly denied.

On its website, Foreign Affairs addresses the calls for more public
disclosure.

=93=85 It is accepted practice during trade negotiations among sovereign
states to not share negotiating texts with the public at large,=94 the
department says.

Many say the movie and music industries are behind the talks, but
Graham Henderson, president of the Canadian Recording Industry
Association, said his organization has had little input on the trade
agreement.

=93We have been =91consulted=92 to exactly the same extent that everyone
else in Canada has been consulted,=94 said Henderson in an e-mail from
England, where he was rushing to catch a plane.

He said his group joined academics and lobbyists at a handful of
briefings on ACTA, but little was revealed.
***************************************************************************
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