[p2p-research] Fwd: [fcf_discussion] Near-Final ACTA Text is a Counterfeit of Democracy

[Michel Bauwens]

---------- Forwarded message ----------
From: La Quadrature du Net <jz at laquadrature.net>
Date: Wed, Oct 6, 2010 at 10:25 PM
Subject: [fcf_discussion] Near-Final ACTA Text is a Counterfeit of Democracy
To: fcforum_discussion at list.fcforum.net


La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/near-final-acta-text-is-a-counterfeit-of-democracy


Near-Final ACTA Text is a Counterfeit of Democracy


*** Paris, October 6th, 2010 - The ACTA negotiators have just released a
near-final version of this anti-counterfeiting agreement. It is still very
dangerous. The release of this text should not give the illusion of
transparency by hiding the fact that the whole negotiation process was
carried on out of public scrutiny. Moreover, ACTA's current version could
profoundly alter the Internet ecosystem by turning technical intermediaries
into a copyright police of the Net. ***

After last week's round of negotiations in Tokyo, the like-minded countries
negotiating ACTA have decided to release what is supposed to be a near-final
version of the agreement [1].

In spite of all the assurances given by the negotiators, the dogmatic
approach to copyright embodied by ACTA remains a major threat on the
fundamental freedoms of Internet users. New wording now seeks to extend the
scope of the "digital chapter" to criminalize "unlawful uses of means of
widespread distribution" [2]. Also included is a call for a closer
cooperation between Internet Service Providers and rights holders, which
could lead party countries to implement measures that turn Internet actors
into a private copyright police [3].

What is more, ACTA establishes a parallel ad hoc policy-making process
distinct from traditional international organizations. The governance
mechanisms proposed in the agreement give the ACTA committee a key role in
de-facto policy making: it will receive proposals for amendments from any
member country and "decide whether to present a proposed amendment to the
Parties for acceptance, ratification, or approval". Furthermore, the
negotiating parties have decided that it was no longer needed to define
transparency rules [4].

Once the final agreement is signed, Parliaments will have a key role in
claiming back democracy and asserting the rights and freedoms of their
constituents. After the adoption of Written Declaration 12 by the European
Parliament [5] or of an anti-ACTA resolution by the Mexican Paliament [6],
elected representatives must step up the pressure and make clear that they
will oppose the ratification of this dangerous counterfeit of democracy
imposing civil and criminal sanctions.

"The release of this near-final version of ACTA does not satisfy the
transparency requirement of democracy, since citizens and their elected
representatives are put before a 'fait accompli'. If this agreement were to
be implemented, the rights and freedoms of citizens across the world as well
as democratic processes would be severely undermined. Ratification of ACTA
must be opposed by all means.", concludes Jérémie Zimmermann, spokesperson
of the citizen advocacy group La Quadrature du Net.


* Références *

1. http://keionline.org/sites/default/files/actaoct2010.pdf

2. See article 2.18.2: Each Party's enforcement procedures shall apply to
infringement of at least trademark and copyright or related rights over
digital networks, including the unlawful use of means of widespread
distribution for infringing purposes. These procedures shall be implemented
in a manner that avoids the creation of barriers to legitimate activity,
including electronic commerce, and, consistent
http://keionline.org/sites/default/files/actaoct2010.pdfwith each Party's
law, preserves fundamental principles such as freedom of expression, fair
process, and privacy.

3. Each Party shall endeavor to promote cooperative efforts within the
business community to effectively address at least trademark and copyright
or related rights infringement while preserving legitimate competition and
consistent with each Party's law, preserving fundamental principles such as
freedom of expression, fair process, and privacy.

4. Former article 5.4

5.
http://www.laquadrature.net/en/european-parliament-vs-acta-rejection-is-the-only-option

6. http://www.merca20.com/mexico-fuera-de-acta-casi/



** 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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