The
Anti-Counterfeiting Trade Agreement (
ACTA) is a proposed
plurilateral agreement for the purpose of establishing international standards on
intellectual property rights enforcement.
The scope of ACTA includes
counterfeit goods,
generic medicines and
copyright infringement on the
Internet.
Both the Bush administration and the Obama administration had rejected requests to make the text of ACTA public, with the White House saying that disclosure would cause "damage to the national security."
[76] In 2009, Knowledge Ecology International filed a FOIA (
Freedom of Information Act) request in the United States, but their entire request was denied. The Office of the United States Trade Representative's Freedom of Information office stated the request was withheld for being material "properly classified in the interest of national security."
[77] US Senators
Bernie Sanders (I-VT) and
Sherrod Brown (D-OH) penned a letter on 23 November 2009, asking the United States Trade Representative to make the text of the ACTA public.
[78]
An open letter signed by many organizations, including
Consumers International,
EDRi (27 European civil rights and privacy NGOs), the
Free Software Foundation (FSF), the Electronic Frontier Foundation (EFF), ASIC (French trade association for web 2.0 companies), and the
Free Knowledge Institute (FKI), states that "the current draft of ACTA would profoundly restrict the fundamental rights and freedoms of European citizens, most notably the freedom of expression and communication privacy."
[58] The
Free Software Foundation argues that ACTA will create a culture of surveillance and suspicion.
[59] Aaron Shaw, Research Fellow at the
Berkman Center for Internet & Society at
Harvard University, argues that "ACTA would create unduly harsh legal standards that do not reflect contemporary principles of democratic government, free market exchange, or civil liberties. Even though the precise terms of ACTA remain undecided, the negotiants' preliminary documents reveal many troubling aspects of the proposed agreement" such as removing "legal safeguards that protect Internet Service Providers from liability for the actions of their subscribers" in effect giving ISPs no option but to comply with privacy invasions. Shaw further says that "[ACTA] would also facilitate privacy violations by trademark and copyright holders against private citizens suspected of infringement activities without any sort of legal due process".
[60]
The Free Software Foundation (FSF) has published "Speak out against ACTA", stating that the ACTA threatens free software by creating a culture "in which the freedom that is required to produce free software is seen as dangerous and threatening rather than creative, innovative, and exciting."
[59] ACTA would also require that existing ISPs no longer host free software that can access copyrighted media; this would substantially affect many sites that offer free software or host software projects such as
SourceForge. Specifically the FSF argues that ACTA will make it more difficult and expensive to distribute free software via
file sharing and
P2P technologies like
BitTorrent, which are currently used to distribute large amounts of free software. The FSF also argues that ACTA will make it harder for users of free operating systems to play non-free media because
DRM protected media would not be legally playable with free software.
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