[p2p-research] Fwd: [fcf_discussion] Leak: EU pushes for criminalizing non-commercial usages in ACTA

[Michel Bauwens]

---------- Forwarded message ----------
From: La Quadrature du Net <jz at laquadrature.net>
Date: Thu, Jun 24, 2010 at 7:25 PM
Subject: [fcf_discussion] Leak: EU pushes for criminalizing non-commercial
usages in ACTA
To: fcforum_discussion at list.fcforum.net


La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/leak-eu-pushes-for-criminalizing-non-commercial-usages-in-acta



Leak: EU pushes for criminalizing non-commercial usages in ACTA



*** Paris, June 23rd 2010 - A document leaked [1] from the Presidency of the
EU reveals that Member States are pushing for new criminal sanctions into
the Anti-Counterfeiting Trade Agreement (ACTA), a few days ahead of the next
negotiation round. The proposal stated in this document reveals how
illegitimate and dangerous the whole ACTA process is, while exposing the
scary position of the EU calling for more repression of non-for-profit
usages... and their incitation. ***

The ninth round of negotiations [2]  of ACTA [3] will begin in a few days in
Luzern, Switzerland. A new leaked text, dated April 7th, proves that Member
States, through the Presidency of the Council of the European Union, are
negotiating the toughest parts of ACTA. The fact that the Presidency is
negotiating along with the Commission [4] by itself shows that ACTA goes way
beyond the scope of a regular trade agreement. Criminal sanctions (jail
sentences!) being negotiated  and not debated by elected representatives in
democratic arenas, is more than shocking. Such a blatant denial of democracy
justifies by itself a rejection of the whole ACTA process, whatever the
agreed text might be.

But the content of the position pushed by the Member States of the EU is
even more disturbing. The Presidency document states that "The Position of
the Member States of the European Union is still under examination" with
regard to article 2.14.1 that covers copyright or related rights
infringements. As visible in the released ACTA text, some proposals for
2.14.1 explicitly plan to apply criminal sanctions to "infringements that
have no direct or indirect motivation of financial gain", and others give a
definition of financial gain that include obtaining anything without paying
[5].
The EU is clearly pushing for new criminal sanctions on counterfeiting and
copyright infrigement that will also target non-commercial usages. If
criminal sanctions for non-for-profit transfers of data is included in the
final version of article 2.14.1, criminal sanctions for "inciting, aiding
and abetting" will automatically apply [6]. Consequences for freedom of
expression and innovation on the Internet could be devastating.

"The ACTA agreement, by its opacity and undemocratic nature, allows criminal
sanctions to be simply negotiated. The leaked document shows that the EU
Member States are willing to impose prison sanctions for non-commercial
usages of copyrighted works on the Internet as well as for 'inciting and
aiding', a notion so broad that it could cover any Internet service or
speech questioning copyright policies. EU citizens should interrogate their
governments about their support to policies that obviously attack freedom of
speech, privacy and innovation. Around the next round of negotiations and
beyond, ACTA should be restlessly combatted and opposed worldwide."
concludes Jérémie Zimmermann, spokesperson for citizen advocacy group La
Quadrature du Net.



* Références *

1. http://www.laquadrature.net/files/20100624_Acta_Chapter2_EU.pdf

2. From June 28th to July 2nd

3. http://laquadrature.net/ACTA

4. While the Commission is the official negotiator for the EU, it can only
negotiate trade related issues. As criminal sanctions are in the competency
of Member States, they are therefore negotiated by the Council represented
by the Presidency.


5. footnote 37 of the released ACTA text explicitly says "For purposes of
this Section, financial gain includes the receipt or expectation of receipt
of anything of value." meaning that for instance any exchange of information
can fall under the scope of sanctions.

6. pages3: "the provisions of this section shall apply to inciting, aiding
and abetting the offences referred to in Article 2.14.".



** About la Quadrature du Net **


La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.

In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international NGOs
including the Electronic Frontier Foundation, the Open Society Institute and
Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-net


** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room




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