ACTA
The Anti-Counterfeiting Trade Agreement is a proposed plurilateral trade agreement which could change substantive international intellectual property law, and how that law is enforced. Although referred to as a 'counterfeiting' agreement, leaked documents suggest that it also deals prominently with issues like copyright and patent infringement. Secrecy surrounding the contents of ACTA has limited debate, but various groups have already expressed concerns. Substantive concerns about ACTA are magnified by transparency and process concerns. Should ACTA be treated as an 'executive agreement', it is unclear whether or when it would be available for Congressional review and public comment.
Internet Access Providers and technology companies are concerned new rules could further deputize them to police for alleged copyright violations and subject them to additional liability for content in other companies and individuals' websites and Internet communications. U.S. industry representatives have expressed concerns that ACTA could exacerbate the trend of U.S. Internet companies being penalized and prosecuted by foreign jurisdictions for activities and services that are permitted under U.S. law, thereby inhibiting the capacity of U.S. businesses to enter foreign markets and disadvantaging U.S. trade. Detractors have also noted that ACTA might encourage countries to enact rules to cut off Internet access for those accused of activities that allegedly infringe on copyrights. Free speech advocates are concerned the agreement would recommend countries follow France’s controversial “3 strikes” rule, which terminates Internet service to those accused of unlawfully distributing content. Additionally, concerns have been voiced that techniques used to crack down on copyright infringement can also be used by governments to identify political dissidents and repress freedom of expression.
Additionally, ACTA may spread the controversial legal protections established by the Digital Millennium Copyright Act (DMCA) for Digital Rights Management (DRM) from the United States to other countries that may be part of the agreement, including the European Union, Japan, South Korea, Canada, Mexico, Australia and New Zealand. Critics of the DMCA have urged that these rules not be exported from the United States in light of the abusive litigation that they prompted.
In an effort to help those researching information on ACTA, CCIA is offering its list of ACTA articles, letters and resources:
Websites:
CCIA letters on ACTA:
ACTA Articles/News Reports:
