Thursday, 12 November 2009
Perhaps more interesting (not for what it says, but how it says it) is DFAT’s latest update on the negotiations.
First, there’s this:
A variety of groups have shown their interest in getting more information on the substance of the negotiations and have requested that the draft text be disclosed. However, it is accepted practice during trade negotiations among sovereign states to not share negotiating texts with the public at large, particularly at earlier stages of the negotiation. This allows delegations to exchange views in confidence facilitating the negotiation and compromise that are necessary in order to reach agreement on complex issues. At this point in time, ACTA delegations are still discussing various proposals for the different elements that may ultimately be included in the agreement. A comprehensive set of proposals for the text of the agreement does not yet exist.
That might be convincing, first, if the US hadn’t shown text to a whole bunch of people. Why is it that only US-based companies or industries get a say in what gets put into the treaty? It would also be more comforting if (as might have been the case once upon a time in treaty-making practice) the parties were negotiating at a high level of abstraction. Back then, secrecy might have been more ok, because details could be worked at at a local, ie domestic, negotiation and discussion with affected parties. More recent experience indicates that in this area, DFAT are prepared to negotiate treaties that leave us little flexibility to balance domestic interests or to ensure that Australian interests are protected.
Or there’s this:
The ACTA initiative aims to establish international standards for enforcing intellectual property rights in order to fight more efficiently the growing problem of counterfeiting and piracy. In particular, the ACTA is intended to establish, among the signatories, agreed standards for the enforcement of intellectual property rights that address today’s challenges by increasing international cooperation, strengthening the framework of practices that contribute to effective enforcement of intellectual property rights, and strengthening relevant enforcement measures. The intended focus is on counterfeiting and piracy activities that significantly affect commercial interests, rather than on the activities of ordinary citizens.
Now, I don’t know about you, but the way I read that, the treaty is going to be intentionally one-sided: lots of IP-protective stuff, and nothing to balance that out. Now, I’m all for ensuring governments have the freedom to take the steps they think necessary to protect civil liberties, presumption of innocence and all that kind of thing. But unless that’s stated in the text, can we be sure that at some point we won’t be faced with a claim that we’re breaching the treaty by softening its enforcement effects?
Finally, it says that “ACTA is not intended to interfere with a signatory’s ability to respect its citizens’ fundamental rights and civil liberties”. To the extent that it proposes to include material on ISPs, ISP safe harbours (and their limitations) and ‘graduated response’ (ie three strikes type stuff), it’s very hard to see how that’s true.
One Response to “More on ACTA”
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