Leaked ACTA draft reveals plans for internet clampdown

[Newsjock]

Source: Computerworld

The US, Europe and other countries including New Zealand are secretly drawing up rules designed to crack down on copyright abuse on the internet, in part by making ISPs liable for illegal content, according to a copy of part of the confidential draft agreement that was seen by the IDG News Service.

It is the latest in a series of leaks from the anticounterfeiting trade agreement (ACTA) talks that have been going on for the past two years. Other leaks over the past three months have consisted of confidential internal memos about the negotiations between European lawmakers.

... It proposes making ISPs (internet service providers) liable under civil law for the content their subscribers upload or download using their networks.

To avoid being sued by a record company or Hollywood studio for illegally distributing copyright-protected content, the ISP would have to prove that it took action to prevent the copyright abuse, according to the text, and in a footnote gives an example of the sort of policy ISPs would need to adopt to avoid being sued by content owners:

"An example of such a policy is providing for the termination in appropriate circumstances of subscriptions and accounts in the service provider's system or network of repeat offenders," the text states.

Read more: http://computerworld.co.nz/news.nsf/news/leaked-acta-draft-treaty-reveals-plans-for-internet-clampdown

[naaman fletcher]

1. Is there any other proof needed that big business runs the government?

Sure, counterfeiting is illegal. So is robbing a bank using a getaway car, yet the government doesn't make the car companies liable for what people do with their cars. Yet, they are going to make the ISP's liable? WTF?

[closeupready]

2. If this is successful, what's to stop them from burdening ISP's with prohibiting things like

porn or gambling websites? I mean, wouldn't that be the next step? And after that, who knows, maybe even certain websites that simply say nasty things other people don't like?

[BadgerKid]

9. They could selectively drive the small ISPs out of business

as a way toward top-down control of internet content.

[jody]

3. The goal of a 21st century corporate state is to use every technological tool to silence and control

We the People.

[The abyss]

4. The forth estate is no longer a functioning entity with the power to influence the groundlings.

Of course it has not been a particularly influential organ for sometime now.

[bemildred]

5. Oh yeah, that will work.

It make keep a lot of lawyers employed, but it won't stop "copyright abuse".

[Downwinder]

6. And each head of state should be held liable if any of their

citizens download copyrighted materials. ie © 2001 - 2009 Democratic Underground, LLC

[PSPS]

7. There's nothing new here for the US -- ISP's already shut down your service

Copyright holders, like NBC, already track who downloads torrents of their shows. Any torrent client shows the IP address doing the downloading. So they record this, identify the ISP responsible for the IP address, and send a form letter detailing their complaint. The ISP can identify the subscriber with this IP address plus the time and, to avoid legal liability, shows "good faith" by terminating the subscriber's account. (They don't reveal the subscriber's information to the copyright holder unless ordered to do so with a court order.)

This happens all the time in the US. It's been this way for some time. However, not every country makes the ISP act as content cop. Australia's Federal Court, for example, just ruled that ISP's have no obligation to act on copyright infringement notices or to disconnect subscribers.

[Edweird]

8. Tor and proxies will get real popular.