Bertrand Borg
Fears over government silence on internet treaty
The government has failed to explain a decision to sign a controversial intellectual property rights treaty, amid fears it would lead to wide-scale internet censorship.
News that Malta joined 21 other EU states among the latest signatories to the Anti-Counterfeiting Trade Agreement filtered through the international press and sparked significant online debate.
Questions put to the government by The Sunday Times remained unanswered.
ACTA seeks to create a new international regime for the protection of IP rights. Proponents say it will encourage innovation by protecting copyright, trademark and patent holders and combat software piracy.
But critics of the treaty – which was negotiated in complete secrecy until drafts leaked by Wikileaks led to outcries in 2009 – say that its open-endedness and lack of accountability violate fundamental rights, could lead toa policed internet and would strangle small-scale creativity.
Malta and 21 other EU members signed ACTA last Thursday, joining the US, Japan and 10 other countries as a treaty signatory. No press release was issued, and the government has so far not explained its position.
The treaty comes just weeks after protests against the US-based Stop Online Piracy Act and Protect IP Acts. It must still get past the European Parliament before it is enacted into law, with the EP scheduled to debate it in June.
Last July, the European Commission had recommended that Parliament pass ACTA without further ado, saying there was no conflict between ACTA and EU law.
A subsequent report to the European Parliament disagreed, noting certain areas of inconsistency between the two and warning MEPs that “unconditional consent would be an inappropriate response” to ACTA.
Defenders of ACTA, however, insist that the mass concern is unwarranted and that controversial clauses present in earlier drafts have been removed from the final text. A first draft of the treaty had required internet service providers to spy on users in an effort to police copyright infringement. It created a ‘three strikes’ policy, disconnecting users found to have infringed copyright and made ISPs directly liable if they failed to remove copyrighted content promptly.
ACTA’s provisions, which are often unclear and open to legal interpretation (see box), have worried internet service providers, as they place greater onus for policing uploaded content on ISPs rather than right-holders.
A spokesman for cable and internet service provider Melita confirmed the government had not consulted the company before signing the treaty and said its legal team was looking into the issue.
Melita reiterated its position that legal responsibility for uploaded content “should stand with the person performing the act” rather than ISPs and reassured subscribers that their internet service had not been altered.
Vanilla Telecoms CEO David Thake slammed the treaty. “It goes against the entire essence of the internet and gives governments and corporations unprecedented strength to take down entire websites and put people out of business at the stroke of a pen,” he said.
The implications, Mr Thake said, were immense.
“ACTA shifts the burden of proof and will lead to people’s websites being taken down before they’re even found guilty. The only people who stand to benefit are large corporations within the entertainment industry.”
Telecoms company Go said it was too early to comment on the treaty’s ramifications, with a spokesman noting that ACTA allowed individual countries considerable leeway in interpreting the treaty.
News of Malta’s signing of ACTA took social media networks by storm, with an overwhelming amount of negative feedback.
Several Facebook users slammed what they felt was the underhand way in which the treaty was signed, while others voiced concernabout its eventual impact on civil liberties or internet usage.
ACTA-what?
ACTA aims to establish a set of international standards for dealing with copyright and trademark infringement.
It does not establish new intellectual property right rules, but rather reinforces protection of existing ones. It does not only relate to digital media – physical items such as medicinal and clothing are also included.
Defence:
The EU loses up to €8 billion a year due to copyright infringement. ACTA will protect investment in innovation by making it harder to flout copyright laws and rewarding rights-holders whenever their copyrights are infringed. Concerns about ACTA creating a police state have been addressed in the final draft. ACTA does not restrict internet use in any way.
Tightened regulations will also help protect consumers against counterfeit prescription drugs.
Prosecution:
The text refers to ‘commercial activities’ but fails to define them and speaks of ‘direct or indirect’ economic advantage. In other words, if you upload a home video which includes a copyright image and enough people watch it, you could be criminally liable.
The treaty jeopardises freedom of speech, prioritising the protection of copyright over freedom of expression, association and the right to privacy, in violation of the European Convention on Human Rights.
It is unclear as to where the limits of ISP responsibility lie for uploaded content and extends liability to “alleged” infringers. Critics maintain this could lead to a self-censored internet, with ISPs and web hosters removing content pre-emptively out of fear of legal action.
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39 Comments
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Mr AARON MUSCAT
Feb 1st, 14:55
Fight for your rights. - http://www.youtube.com/watch?v=citzRjwk-sQ
Alfred Fenech
Jan 30th, 11:01
Sorry folks. The Govt. is too busy minding its own worries.!!!
Rick Astley
Jan 30th, 09:51
World War III shall be fought over the internet
no one messes with the internet
This job calls for Skynet!
Mark Farrugia Sant'Angelo
Jan 30th, 19:15
An 80's pop musician advocating an internet armageddon :D I see one advantage if ACTA passes... we will never be rickrolled again!
Justin Spiteri
Jan 29th, 23:43
I WILL NOT VOTE for any government or party who supports ACTA ... anyone care to join?.
Lawrence Fenech
Feb 11th, 17:57
@Justin.
Too many to count.
Kenneth Michaels
Jan 29th, 18:31
Although the USA has signed ACTA, it is NOT a binding agreement for the USA. The executive branch (President Obama) has not submitted ACTA to the US Congress to pass as an official treaty. Therefore, ACTA is nothing more than a PROMISE by the USA. It does not seem fair that other countries are treating ACTA as a binding Treaty, but the USA is NOT. At least for this reason, ACTA should be rejected by other countries.
Many US law professors argue that ACTA means NOTHING to the USA because ACTA is the type of agreement that MUST be submitted to the US Congress for approval. Therefore, ACTA is very legally questionable in the USA.
Please also spread this word.
Jean-Michel Azzopardi
Jan 29th, 15:19
disgusting!!
Joe B Edwards
Jan 29th, 14:56
I beg the government to not only apologize to the entire population of Malta, but to reject ACTA.
We can't let it pass, because it would end the internet as we know it!
Christopher Debattista
Jan 29th, 14:52
@ Justin Spiteri. I had the exact same thoughts. We will end up like China. The Gov will make us see what they want. And not what we want. That's against one of the principles that even the EU had agreed on. Freedom of information. And what about the Data protection act. Every single data packet that we will send, such as emails with attachments or upload files will be constantly monitored by our ISPs ( Internet service providers ) Sharing is not a crime ! But with this new law, it will be, and you may even be prosecuted. Especially is this agreement will be retro-active ! Yes, you will be seriously screwed with hefty fines.
Robert Grima
Jan 29th, 14:26
Now this is one very interesting article to read...
http://paulocoelhoblog.com/2012/01/20/welcome-to-pirate-my-books/
My thoughts on S.O.P.A.
by Paulo Coelho on January 20, 2012
IN THE former Soviet Union, in the late 1950s and 60s, many books that questioned the political system began to be circulated privately in mimeographed form. Their authors never earned a penny in royalties. On the contrary, they were persecuted, denounced in the official press, and sent into exile in the notorious Siberian gulags. Yet they continued to write.
Why? Because they needed to share what they were feeling. From the Gospels to political manifestos, literature has allowed ideas to travel and even to change the world.
I have nothing against people earning money from their books; that’s how I make my living.
But look at what’s happening now. Stop Online Piracy Act (S.O.P.A) may disrupt internet. This is a REAL DANGER, not only for Americans, but for all of us, as the law – if approved – will affect the whole planet.
And how do I feel about this?
As an author, I should be defending ‘intellectual property’, but I’m not.
Pirates of the world, unite and pirate everything I’ve ever written!
The good old days, when each idea had an owner, are gone forever.
First, because all anyone ever does is recycle the same four themes: a love story between two people, a love triangle, the struggle for power, and the story of a journey.
Second, because all writers want what they write to be read, whether in a newspaper, blog, pamphlet, or on a wall.
The more often we hear a song on the radio, the keener we are to buy the CD. It’s the same with literature.
The more people ‘pirate’ a book, the better. If they like the beginning, they’ll buy the whole book the next day, because there’s nothing more tiring than reading long screeds of text on a computer screen.
1. Some people will say: You’re rich enough to allow your books to be distributed for free.
That’s true. I am rich. But was it the desire to make money that drove me to write? No. My family and my teachers all said that there was no future in writing.
I started writing and I continue to write because it gives me pleasure and gives meaning to my existence. If money were the motive, I could have stopped writing ages ago and saved myself having to put up with invariably negative reviews.
2. The publishing industry will say: Artists can’t survive if they’re not paid.
In 1999, when I was first published in Russia ( with a print- run of 3,000), the country was suffering a severe paper shortage. By chance, I discovered a ‘ pirate’ edition of The Alchemist and posted it on my web page.
An year later, when the crisis was resolved, I sold 10,000 copies of the print edition.
By 2002, I had sold a million copies in Russia, and I have now sold over 12 million.
When I traveled across Russia by train, I met several people who told me that they had first discovered my work through the ‘ pirated’ edition I posted on my website. Nowadays, I run a ‘Pirate Coelho’ website, giving links to any books of mine that are available on P2P sites.
And my sales continue to grow — nearly 140 million copies world wide.
When you’ve eaten an orange, you have to go back to the shop to buy another. In that case, it makes sense to pay on the spot.
With an object of art, you’re not buying paper, ink, paintbrush, canvas or musical notes, but the idea born out of a combination of those products.
‘Pirating’ can act as an introduction to an artist’s work. If you like his or her idea, then you will want to have it in your house; a good idea doesn’t need protection.
The rest is either greed or ignorance
JC Sullivan
Jan 29th, 14:02
BIG daddy IS illegally watching and has been for a long time - they're just making it official and legal.
Go ahead, keep on protecting the BIG guys with the money - the rich get richer and the poor, well, they can't get poorer.
Russell Attard Baldacchino
Jan 29th, 13:45
If you disagree with ACTA make sure that you sign the petition and share it with everyone on all social networks now!
http://www.gopetition.com/petitions/stop-acta-in-malta.html
We had the right to know about this, and we were not informed.
Stephen Magri
Jan 29th, 13:23
So in other words where the internet is concerned we are all going to end up like China, North Korea and all those regimes right?
Ramon Casha
Jan 29th, 12:49
It is shocking that a treaty like this was only made public thanks to WikiLeaks. It's an underhanded treaty created by the industry with no involvement by consumer groups, and gives companies the authority to bypass the judicial system and take action against individuals by going directly to service providers demanding removal of any material they object to, with no regard for fair use rules or accepted practice. Malta already has copyright and trademark protection laws, so this law is not needed to protect intellectual property. On the other hand the advantage of having our existing laws is that there is an impartial judicial process to determine who is in breach of copyright. ACTA allows the copyright holder to decide that - unless of course the ISP in question is willing to risk becoming liable to prosecution themselves - and no ISP would do that.
Andrew Azzopardi
Jan 29th, 12:41
As usual, the Maltese government strategy is to 'sign first, ask the questions later'.
Mr l Azzopardi
Jan 29th, 11:54
ACTA European Rapporteur resignation: "I will not be part of the farce"
Victor Laiviera
Jan 29th, 11:42
How typical of the PN Government to go behind the back of the people and sign agreements in secret - as long as it benefits their big-business friends.
Justin Spiteri
Jan 29th, 23:48
For this one to pass, they were all in agreement mate ... so you should say "how typical of politicians" ....
Lena Hahn
Jan 29th, 11:34
ACTA is another attempt by corporations to make money WHICH ISN'T THEIRS.
In a country and age which endorses philistinism, we should make art and information easily accessible - not prohibit people from connecting with it!!
SHAME ON GREEDY MONEY-MAKERS - you live up to your disgusting reputation!
SHAME ON OUR 'REPRESENTATIVES' FOR GOING ALONG WITH THIS BEHIND OUR BACKS - you will NOT have my vote!
SHAME ON THE ISPs THAT GIVE IN TO THE PRESSURE OF THE CORPORATIONS - you will NOT have my money!
SHAME ON THE MEDIA WHICH KEPT MUM ON IT FOR SO LONG - if you're worried about dwindling newspaper sales...
SHAME ON US .... IF WE DON'T ACT ON ACTA!!!!!!
Danny Bouy
Jan 29th, 11:32
Are we going back to the Web 1.0 era, where the Web consisted of only read only possibilities !, we are now in the 2.0 and 3.0 era where the scope of the internet is free for all. The more it is used the service gets better, sharing of videos, music, ideas & knowledge.
Mr l Azzopardi
Jan 29th, 11:28
the problem here is not the viewing a stupid downloaded film ...the whole issue is that oppressive governments will have access to YOUR internet traffic and find enough information to attack you politically and personally. A treaty formed in silence, made in silence by hidden representatives of the people like thieves in the dark.
Because its very easy to call one that promotes democracy or opposes the government as a terrorist or one that is inciting civil unrest. These guys are destroying what actually made the Arab Spring possible...The Internet!
On the Maltese scenario....Mind what you watch or the sites you visit ...in the hands of the Internet Service Provider someone might leak information about you and destroy your political career, make you lose your job and may end you in court. The guys will be viewing your internet traffic behind your back. You are not safe in the comfort of your own home. ACTA is not about money, it never was.
Ian Zammit
Jan 29th, 11:20
Someone should ask what Franco Debono thinks of this. Just days after his abstention the government went once again behind everyone's back and signed a controversial and very unpopular Treaty.
As for those saying it's too late since it has been signed, Treaties are subject to ratification so we're still in time to stop it as it isn't part of Maltese law yet.
Nathan Young
Jan 29th, 11:19
Malta did not sign it,only the Labour mep's did. The Nationalist mep's refused to sign.
Maria Muscat
Jan 30th, 07:41
what part of 'the government signed it' do you not get?? and who right now is in government at this point in time (or at least attempting to be)!?? if the treaty was signed to the extent the government supported ACTA then what does this mean?? it means that it had to be signed by more then the Labour MPs!!!
Anthony Azzopardi
Jan 30th, 08:28
Would you please give more details? If you are correct, this could be indicative of the attitude we will be facing in future - and forewarned is forearmed!
Matthew Bugeja
Jan 30th, 11:30
Just wanted to point out Nathan apparently doesn't know what he's talking about. Both Parties signed off on it. Stop making this a blue against red thing.
Paul Caruana
Jan 29th, 11:17
Politicians do not understand Technology, let alone the implications such a decision will have on the people.
The day will come when power will no longer be in the hands of accountants and lawyers whose only expertise is bureaucracy, but in the hands of IT experts. That will be the time when efficiency in the country will prosper.
andrew brincat
Jan 29th, 11:14
Hlejt u gharmejt 10 snin ta investiment fit telekommunikazjoni....Ibeccili !!!!....... issa ara kif ha tinkonvinci L-ISPs biex irahsu il prezz inkella wasal iz zmien li biex jitnehha l-internet min dar ax jigi hella ta' flus
dingaling rockcliffe
Jan 29th, 11:05
The maltese if not careful will end up biting the hand that feeds them.
Victor Jacono
Jan 29th, 11:46
I would rather starve than feed on sleeping pills.
All peoples can expect nothing less than dignity, respect and honesty.
I want to know who is taking which decisions in my name and I want to have a say, because my life is at stake. How can I be forced to shoulder responsibility for a new measure I have not been consulted about?
What happened to democracy?
Victor
Jon Fitzgerald
Jan 29th, 12:02
Whats that supposed to mean?
Justin Spiteri
Jan 29th, 12:06
Do you mean Universal Studios, Fox, or Bayer Pharma?
Justin Spiteri
Jan 29th, 10:44
It's already too late ... Malta signed it.... should have had a referendum for this one.... min jaf Grace Borg x' toghrok idejha....
Andrew Azzopardi
Jan 29th, 12:40
no, it still needs to be ratified.
Robert Callus
Jan 29th, 10:36
ACTA is disgusting but even worse is the silence and deception with which the treaty was signed. This goes against the basic fundamentals of democracy, transparency and accountability. The biggest deficit this country has.
The politicians responsible should be MADE to explain their actions or resign. No excuses.
They thought no one would notice. Thankfully they were wrong. The Internet is not YET censored and your deception has spread like wildfire.
Anthony Azzopardi
Jan 29th, 09:57
This is most serious. It is becoming more obvious that unpopular measures are introduced in a sneaky fashion. This is suspect, undemocratic and bodes ill for freedom. This is where the Opposition should voice its concerns - unless it is also party to these actions.
T Mifsud
Jan 29th, 09:52
Is that the why and the when the Malta Censorship board was dismantled with pomp and fanfare in fully blown headlines, TV interviews, comments, etc just a moment before this internet censorship was established? Is this the way how we do politics with the public, by masking the evil with the Maltese 'cejca'? Like playing Little Red Riding Hood with the people? Are you treating us like imbeciles?
The person who formulated this scheming, thinking of playing games with people is either old or very young. And he should be fired, before the government is!
Kevin Attard
Jan 29th, 09:24
Malta's very own petition against this - http://www.gopetition.com/petitions/stop-acta-in-malta.html