The Free Software Foundation (FSF) is inviting everyone who is opposed to the anti-counterfeiting trade agreement (ACTA), or to provisions of ACTA (or how it is being negotiated) to support a “firm, simple declaration against ACTA.” People can sign the declaration which includes 11 demands about ACTA if it is to be implemented, or provides an alternative of abandoning ACTA entirely.
The FSF does not want to seem opposed to the Wellington Declaration however, but a post from Richard Stallman of FSF does point out some details about it that he “cannot put his name to.” New Zealand citizens held a public meeting dubbed PublicACTA to criticize a secret meeting of government representatives. The attendees published the Wellington Declaration (which you can sign), calling on the negotiators to reject several injustices suspected to appear in the controversial treaty.
Stallman however points out that while the Wellington Declaration condemns the plan for ACTA to prohibit devices that can break digital restrictions (DRM, digital handcuffs etc.), it goes ahead to suggest instead that a limited prohibition, along the lines of Article 11 of the WIPO Internet Treaty. This would result in government backing being given to certain kinds of digital handcuffs, according to Stallman, and he is concerned that to accept that much without a fight would tempt ACTA negotiators to try for “more.”
He also takes issue with the declaration’s praise of the World Intellectual Property Organization (WIPO) as a “public, inclusive and transparent” forum for negotiation agreements about copyrights and other related issued. “I don’t recall seeing WIPO become a force for good in the world,” Stallman comments.
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Result for: disconnection
Lord Mandelson has announced this week that the UK will in fact be adopting the highly controversial ‘three strikes’ Internet piracy law, disconnecting multiple time offenders from the Internet while levying heavy fines.
The government added that first time offenders will likely be given a warning, then have their bandwidth restricted after a second offense. Third strike means being disconnected from the Internet, or at least “considered” for disconnection given the crime.
The law will come into effect April 2010, says the Department for Business, Skills and Innovation. Ofcom will be in charge of monitoring the file-sharing of UK citizens.
UK ISP TalkTalk, a strong critic of the bill, came out swinging after the announcement: “What is being proposed is wrong in principle and won’t work in practice. In the event we are instructed to impose extra judicial technical measures we will challenge the instruction in the courts.”
When asked about the material losses for ISPs given disconnection from the Internet for their subscribers, Mandelson added: “I have no expectation of mass suspensions. People will receive two notifications and if it reaches the point [of cutting them off] they will have the opportunity to appeal.”
Another staunch critic of the plan, the Internet Service Providers’ Association believes that copyright holders should be in charge of all costs related to the system, and that ISPs should be reimbursed for all lost customers.
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Result for: disconnection
A provision which would require a judicial order before the government could have someone’s internet account shut off has been removed from the Telecoms Package being negotiated between European Parliament and the European Council.
The amendment, approved overwhelmingly earlier this year by MEPs, said “No restriction may be imposed on the fundamental rights and freedoms of end users, without a prior ruling by the judicial authorities … save when public security is threatened.”
It would have called into question the legality of laws promoted by the recording industry as the solution to illegal file sharing. Record labels favor laws which allow them to punish alleged copyright infringement without being required to prove their charges in court first.
So far France has followed the industry’s blueprint very closely. Their 3 strikes law, which has been approved by both legislators, and in a revised version by the country’s top court, does now require judicial approval of internet disconnection.
But that doesn’t mean a content owner would be required to prove the person whose account is being shut down actually did anything wrong.
Some officials in the UK are also in favor of 3 strikes style legislation. Lawmakers who oppose such a plan have spoken out about the idea, saying record label losses are the result of poor business decisions and the public shouldn’t be punished.
ISPs are opposed for more practical reasons. They complain that hackers and WiFi networks with easily broken encryption make reliably identifying illegal file sharers impossible.
