Más información en http://www.eff.org/issues/acta

 Anti-Counterfeiting Trade Agreement What is ACTA?

In October 2007 the United States, the European Community, Switzerland and
Japan simultaneously announced that they would negotiate a new intellectual
property enforcement treaty, the Anti-Counterfeiting Trade Agreement, or
ACTA. Australia, the Republic of Korea, New Zealand, Mexico, Jordan,
Morocco, Singapore, the United Arab Emirates and Canada have joined the
negotiations. Although the proposed treaty’s title might suggest that the
agreement deals only with counterfeit physical goods (such as medicines),
what little information has been made available publicly by negotiating
governments about the content of the treaty makes it clear that it will have
a far broader scope, and in particular, will deal with new tools targeting
“Internet distribution and information technology”.

In recent years, major U.S. and EU copyright industry rightsholder groups
have sought stronger powers to enforce their intellectual property rights
across the world to preserve their business models. These efforts have been
underway in a number of international fora, including at the World Trade
Organization, the World Customs Organization, at the G8 summit, at the World
Intellectual Property Organization’s Advisory Committee on Enforcement, and
at the Intellectual Property Experts’ Group at the Asia Pacific Economic
Coalition. Since the conclusion of the WTO Agreement on Trade-Related Issues
of Intellectual Property in 1994 (TRIPS), most new intellectual property
enforcement powers have been created outside of the traditional multilateral
venues, through bilateral and regional free trade agreements entered into by
the United States and the European Community with their respective key
trading partners. ACTA is the new frontline in the global IP enforcement
agenda.

To date, disturbingly little information has been released about the actual
content of the agreement However, despite that, it is clearly on a fast
track; treaty proponents want it tabled at the G8 summit in July, and
completed by the end of 2008.
Why You Should Care About It

ACTA has several features that raise significant potential concerns for
consumers’ privacy and civil liberties, for innovation and the free flow of
information on the Internet, legitimate commerce, and for developing
countries’ ability to choose policy options that best suit their domestic
priorities and level of economic development.

ACTA is being negotiated by a select group of industrialized countries,
outside of existing international multilateral venues for creating new IP
norms such as the World Intellectual Property Organization and (since TRIPs)
the World Trade Organization. Both civil society and developing countries
are intentionally being excluded from these negotiations. While the existing
international fora provide (at least to some extent) room for a range of
views to be heard and addressed, no such checks and balances will influence
the outcome of the ACTA negotiations.

The Fact Sheet published by the USTR, together with the USTR's 2008 "Special
301" report make it clear that the goal is to create a new standard of
intellectual property enforcement, above the current internationally-agreed
standards in the TRIPs Agreement, and increased international cooperation
including sharing of information between signatory countries’ law
enforcement agencies. The last 10 bilateral free trade agreements entered
into by the United States have required trading partners to adopt
intellectual property enforcement obligations that are above those in TRIPs.
Even though developing countries are not party to the ACTA negotiations, it
is likely that accession to, and implementation of, ACTA by developing
countries will be a condition imposed in future free trade agreements, and
the subject of evaluation in content industry submissions to the annual
Section 301 process and USTR report.

While little information has been made available by the governments
negotiating ACTA, a document recently leaked to the public entitled
"Discussion Paper on a Possible Anti-counterfeiting Trade Agreement" from an
unknown source gives an indication of what content industry rightsholder
groups appear to be asking for – including new legal regimes to "encourage
ISPs to cooperate with right holders in the removal of infringing material",
criminal measures, and increased border search powers. The Discussion Paper
leaves open how Internet Service Providers should be encouraged to identify
and remove allegedly infringing material from the Internet. However the same
industry rightsholder groups that support the creation of ACTA have also
called for mandatory network-level filtering by Internet Service Providers
and for Internet Service Providers to terminate citizens' Internet
connection on repeat allegation of copyright infringement (the "Three
Strikes" /Graduated Response), so there is reason to believe that ACTA will
seek to increase intermediary liability and require these things of Internet
Service Providers. While mandating copyright filtering by ISPs will not be
technologically effective because it can be defeated by use of encryption,
efforts to introduce network level filtering will likely involve deep packet
inspection of citizens' Internet communications. This raises considerable
concerns for citizens' civil liberties and privacy rights, and the future of
Internet innovation.
What You Can Do

Despite the potentially significant harmful impact on consumers and Internet
innovation and the expedited timeframe in which the treaty is being
negotiated, the citizens that stand to be directly affected by the treaty
provisions have been given almost no information about its real contents,
and very little opportunity to express their views on it.

But there is still time to do something to change that! If you live in the
US, tell your Senators to demand more transparency in
ACTA<http://action.eff.org/site/Advocacy?id=383>
!


-- 
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NICOLAS PEREYRA MOLINAS
[email protected]
Paraguay - South America
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2010/10/5 Pablo Castillo <[email protected]>

> Freepress son otros que estan encima de este tema:
> http://www.freepress.net/
>
> Cada tanto mandan a su mailing list los updates del tema por si quieren mas
> (tb esta obviamente la EFF)
>
> Pablo Castillo
> http://pablo.lnxsoluciones.com/
> http://twitter.com/pabloacastillo
> http://github.com/pabloacastillo
> Asunción, Paraguay. Tierra, Tercero de Sol.
> Nube Interestelar Local, Burbuja Local, Cinturón de Gould, Brazo de Orión.
> Vía Láctea, Grupo Local, Supercúmulo de Virgo.
> Universo Local.
>
>
>
> 2010/10/5 Chepi Gimenez <[email protected]>
>
>  *Update, from EFF's website:* the Senate Judiciary Committee postponed
>> the scheduled markup of the Internet censorship bill — a fantastic outcome,
>> given that the entertainment industry and their allies in Congress had hoped
>> this bill would be quickly approved before the Senators went home for the
>> October recess. Massive thanks to all who used the EFF Action Center to
>> write to your Senators to oppose this bill.
>
>
>
> ___________________________________________________________________
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>
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