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ACTA agreement referred to Foreign Affairs Committee

The government has referred the ACTA agreement to parliament's European and Foreign Affairs Committee to flag any issues it might have, Finance Minister Tonio Fenech said this afternoon.

Speaking at a press conference, Mr Fenech reiterated comments made at a Finance Ministry statement yesterday (see link below) that the Anti-Counterfeiting Trade Agreement does not violate people's rights or change the way individuals use the internet. However, he stressed, it was in the interest of all countries to better protect intellectual rights.

He said the Malta-EU Steering and Action Committee (MEASAC) had been notified about the agreement before its signing, in July, and none of its members, including the Labour Party, objected.

Mr Fenech said the agreement was far from being a done deal in that it had still to be approved by the European Parliament and ratified by national parliaments, before being signed off by the EU Council of Ministers.

PL CONCERNS

Also this afternoon, Michael Farrugia, the PL spokesman on IT, said that ACTA went beyond the EU's various intellectual property directives and threatened fundamental liberties including the right to privacy and freedom of expression.

He said many aspects of the agreement were of concern. For example, he said, the agreement placed generic and counterfeit medicine in the same category.

He said internet service providers should not be responsible for the data they hosted or transferred. Most of the things mentioned in ACTA were already protected by existing legislation, leading one to wonder why the new agreement was needed.

Dr Farrugia said he was concerned by the government's response, which was a cut and paste copy of the EU's commission position.  He said that MEUSAC had not been presented with the final version of the agreement.

The PLs position, he said, was the same as its MEPs, that the agreement needed to be clarified and amended.

MEPS DISAGREE

Earlier today, Nationalist MEPs Simon Busuttil and David Casa said today that the position of Labour MEPs on ACTA was clearly the result of a knee jerk reaction to public opinion whilst being ostensibly oblivious to the facts at hand.

In a statement, they said that in November 2010 two resolutions were put to a vote; the one supported by PL MEPs did not garner sufficient backing and was rejected, while a more balanced version outlining the same concerns was adopted by the EP during that plenary.

"However, it is clear that there are widespread misconceptions circulating the internet on this agreement. The Anti-Counterfeiting Trade Agreement is directed at large-scale criminals and not private internet users. In addition, we definitely agree that international cooperation against counterfeiting and piracy should be stepped up because this will enhance European competitiveness and innovation and will protect jobs in Malta, in this growing sector." they said.

The Nationalist MEPs reiterated that the European Commission has given repeated, detailed and written assurances that individual internet users will not be restricted in any way.

Moreover, the Legal Services of the European Parliament have also concluded that ACTA do not breach fundamental freedoms.

"When the final vote on the Anti-Counterfeiting Trade Agreement ACT is voted upon in the European Parliament this June, we will only support it if we are assured that it does not create undue restrictions for internet users." they said.

"Once again, true to style, Labour shoots from the hip. This is why they always get it wrong." they concluded.

In a reaction, the Labour Party said that Simon Busuttil 'and his sidekick' David Casa had confirmed they voted against an anti-ACTA resolution tabled by Socialists, Liberals and Greens.

'True to their conservative stand, they voted with the right wing bloc in favour of an ACTA-friendly version' the Pl said.

See also

Ministry's explanation on ACTA -

http://www.timesofmalta.com/articles/view/20120130/local/acta-will-not-censor-websites-finance-ministry-insists.404610

PL statement - http://www.timesofmalta.com/articles/view/20120130/local/pl-says-its-meps-wanted-amendments-to-acta.404536

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Michelle Pirotta

Feb 1st 2012, 10:37

that's not true mario, acta makes no difference to individual use

pat muscat

Feb 1st 2012, 12:17

You are wrong Michelle Pirotta; get informed and not from in-Nazzjon!

Matthew Bugeja

Jan 31st 2012, 18:17

Patrick I can only wonder what you are gaining from this.. seeing as how only politicians and business people seem to be in favour of this. Could you kindly inform us where your stand on this? or is it just cause you're the wise man amongst us all?

T Gauci

Jan 31st 2012, 18:42

Put yours where your mouth is...we don't need any agreements as there are already existing laws on copyright.

Mr Andrew Camilleri

Jan 31st 2012, 19:01

Did you read it? Because if you did, you should tell us where all these negative comments are wrong. Instead you just try to be clever.

David Zammit

Jan 31st 2012, 20:31

Patrick get you facts right and do not show your stupidity

Ramon Casha

Feb 1st 2012, 06:02

Yes, I have read it, although I doubt that you have. Is it so surprising that an agreement hammered out by the industry lobby in total secrecy without the involvement of any consumer rights representatives would cater solely for the whims of that same industry at the expense of the consumer? Only after it was exposed by Wikileaks were a few safeguards put in, and these do not address all concerns.

Karistu Abela

Jan 31st 2012, 19:56

Int daqstant ċert li hija kontra l-kriminali l-kbar - tista tispjegali dak li qiegħed jigri l-Ingilterra fil-kas ta' żaghżugħ ta' 23 sena Richard O'Dwyer li kull ma għamel huwa li bena paġna mnejn tista tniżżel xi film dan qiegħed jissogra 10 snin ħbas fl-Amerika jekk trid taqra l-istorja kollha din tinsab f'dan is-sit http://www.dailymail.co.uk/news/article-2087135/Richard-ODwyer-US-extradition-pact-misused-says-Sir-Menzies-Campbell.html#ixzz1l2xyonCE

Patrick Fenech

Jan 31st 2012, 18:04

X'ghandu x'jaqsam? Do you know what ACTA is?

pat muscat

Jan 31st 2012, 18:35

Is Patrick Fenech an other self appointed expert? Mr Fenech, I have eyes to read and a mind to think. I am not a pappagalla. Go on the internet-till you have the freedom to do so-and see how this ACTA was negotiated in secret behind our backs.

Mr Albert Borg

Jan 31st 2012, 15:47

Alfred - the terms proposed are not well defined and as you may pretty well guess when something is 'open to interpretation' all hell breaks lose. The issue though is even a matter of having the onus of proving illegality on the user rather than the company claiming felony - instead of having an innocent until proven guilty attitude, we have flipped the concept upside down are demanding that the onus is on the user to prove innocence!

Matthew Bugeja

Jan 31st 2012, 15:54

Dear Alfred you seem to know your stuff so can you kindly answer some questions for me?

Can you define copyright?

What about inspiration is that a copyright infringement? What about ideas which are similar to another's idea? Is that an infringement of copyright?

If ISPs arent monitoring how will they know who is downloading pirate stuff and non-pirated stuff? Will they just investigate on guess work? How are you proposing that they would detect pirate downloads if that is the case?

Did you know that when they stormed mega upload they also got the servers with the data of all registered users information on them? is that not a breach of privacy?

I have some more queries if you don't mind answering them..

Alfred Dimech

Jan 31st 2012, 16:34

Albert & Matthew. This is what I have concluded from reading the draft. Please check yourselves and correct me if I'm wrong.

I agree that copyright infringement is something open to interpretation. But this is true for all copyright laws. The final ACTA draft states the following:

"In implementing the provisions of this Chapter, each Party shall take into account the need for proportionality between the seriousness of the infringement, the interests of third parties, and the applicable measures, remedies and penalties"

The treaty cannot infringe on the civil liberties of any signatory country. Of course it is the publics' job that this is the case. Thus, while a copyright holder may feel that something on the internet infringes it's copyright, the individual has the capability to contest that this is not the case. So far, this is nothing different from the current EU legislation as far as I know.

The ideas of what constitutes copyright, what is inspiration etc, etc are valid points, but none of these definitions changes in ACTA. The treaty has not introduced anything which changes when an copy is considered inspired, and when it's considered copyright infringement. As always, this is considered on a case-by-case basis.

Regard ISP monitoring. There are other ways to determine whether a user is downloading without ISP monitoring. In the case of bit-torrent, then one it is possible to detect large scale abusers through a bittorrent tracker. The IPs can be tracked (unreliably) to the ISP, who can then be forced to divulge the most probable user. Something similar can be done for Rapidshare/Megaupload downloads.

Yes, I agree that the fact that they took all the registered user information is not ethical. However the Megaupload incident has nothing to do with ACTA. There was proof that Megaupload were well aware of pirated material on their servers, and were making no attempt to remove them, actually they were incentivising users to put such material online because it helped them make money through ads. If you notice, Rapidshare doesn't seem overly concerned about ACTA at all, and they are based in Switzerland not Hong Kong.

Matthew Bugeja

Jan 31st 2012, 17:15

Then Mr. Dimech, if it is all the same as you are claiming why push this legislation? You are saying that everything is already in place. So why do we need ACTA?

"In implementing the provisions of this Chapter, each Party shall take into account the need for proportionality between the seriousness of the infringement, the interests of third parties, and the applicable measures, remedies and penalties" - What are the interests of the third parties? the owner of Megaupload got 50Years. A single mother a few years ago got fined 150,000 per song on her pc. Is that proportional? Can you guarantee that things like this will not happen? Who decides what is proportional? As far as I know ACTA is also about bringing all the countries in line on consequences of actions. Will they be more lenient here than in the U.S or any other country? or will other countries decide what is proportional?

The ideas of what constitutes copyright, what is inspiration etc, etc are valid points, but none of these definitions changes in ACTA. The treaty has not introduced anything which changes when an copy is considered inspired, and when it's considered copyright infringement. As always, this is considered on a case-by-case basis. - The difference is that ACTA grants the accuser the ability to shoot first and ask later. The website is shut down and then the case is seen to. Would you be able to afford to go up against a mega corporation who accuses you of copyright infringement?

Regard ISP monitoring. There are other ways to determine whether a user is downloading without ISP monitoring. In the case of bit-torrent, then one it is possible to detect large scale abusers through a bittorrent tracker. The IPs can be tracked (unreliably) to the ISP, who can then be forced to divulge the most probable user. Something similar can be done for Rapidshare/Megaupload downloads. - And this is not granting someone access to my internet usage? How?

Yes, I agree that the fact that they took all the registered user information is not ethical. However the Megaupload incident has nothing to do with ACTA. - Will they not be taking servers of companies if caught infringing copyright material? What about Youtube? Wikipedia? the countless other user contribution information websites? can they control all the material that people post on these websites? shall they just shut them down? who do they arrest?

There was proof that Megaupload were well aware of pirated material on their servers, and were making no attempt to remove them, actually they were incentivising users to put such material online because it helped them make money through ads. - And how will they get this proof on individual users? When they have this proof what then? does that grant them access to the users internet usage? who will restrict them to only this?

Can you guarantee that giving this access to individuals when stuff like phone taping require a court order is fair? Who will protect us from abuse of this system?

Is aiding companies who are making millions and billions in profit at the moment really a good reason to potentially open the doors to these scenarios?

Alfred Dimech

Jan 31st 2012, 17:45

@Matthew Bugeja
Here a few points that I can answer:

1) I agree that the 1.5 million fine for that single mother was harsh and unfortunate, but that was more a legal issue (i.e. she refusing to settle for $5000 and dragging the court case, making it very costly) rather than anything else.

2) Tracking bittorrent trackers is hardly an invasion of privacy, it's something anyone can do. ISPs can also be forced to divulge the user corresponding to an IP at a given time if the authorities have a warrant.

3) Regarding wikipedia, youtube being closed down, etc . I think you're referring to the injunction clause in the treaty which says that signatory countries can shutdown sites which refuses to remove copyrighted content. The clause does not say "close first, check later", it assumes that the validity of the accusation has been verified. So, if wikipedia does have some copyrighted content (ex, a nonfree photo of an actor), then it will receive a warning. If it ignores it, the authorities verify whether or not the content is unliscensed, then it applies the injuction.

I agree with your last line. I'm not saying that ACTA is a good treaty, but I think nobody is really focussing on the actual issues of the treaty. I'm much more worried about the implications for small software companies and open source projects due to patents.

Matthew Bugeja

Jan 31st 2012, 18:08

We could keep arguing over this privacy thing until the cows come home but:

I agree with your last line. I'm not saying that ACTA is a good treaty, but I think nobody is really focussing on the actual issues of the treaty. I'm much more worried about the implications for small software companies and open source projects due to patents. - This I agree with and its what I have been saying in other threads. But the potential abuse of privacy which ACTA could lead to is still something that must be given attention.

T Gauci

Jan 31st 2012, 18:37

@Alfred Dimech

I pay for my Internet usage and i can download unlimited date from Rapidshare and torrent. ACTA would make your ISP to check whether the data you've downloaded is legal or not, that's a breach of privacy and as for Megaupload or any other cyberlocker in that matter, it's not liable for what users upload. Whatever say no to ACTA.

Victor Laiviera

Jan 31st 2012, 15:36

Since you seem to know so much about it, perhaps you can tell us why this treaty was negotiated and signed in secret.

Matthew Bugeja

Jan 31st 2012, 15:39

Have you read what ACTA is about? I mean actually read other than what is said on ToM?

Mr Albert Borg

Jan 31st 2012, 15:41

Just to quote a little incident that might shed some light on the situation - Kader Arif, European rapporteur for ACTA, subsequently resigned from his position on 26 January 2012 saying "I want to send a strong signal and alert the public opinion about this unacceptable situation. I will not take part in this masquerade".

If there ever was a time to be paranoid it is now - when freedom of expression and sharing of information is at stake.

http://www.ted.com/talks/defend_our_freedom_to_share_or_why_sopa_is_a_bad_idea.html

before you retort - yes the same principles apply and you may follow the discussion beneath for a more detailed explanation.

Patrick Fenech

Jan 31st 2012, 15:31

Luke, if you think you can contribute to the public service then why don't you join the civil service? That way not only will you be privy to government documents but you can actually give a contribution...

But please, don't ask the government to dump onto the public domain all the texts of negotiated drafts. Can you imagine us in Malta having a public debate over every clause?

The misinformation in the campaign is incredible. Read the ORIGINAL text yourself (which incidentally is available on Commission website) to see how the anti-ACTA populist lobby is riddled with exagerations and blatant lies!!

Luke Lanzon

Jan 31st 2012, 15:59

no thanks I'm too lazy to join something like that, but if you expect me to beleive what is written on the commision website (which IF I am correct was written by the same people that kept this a secret from us for 3 years) then you are wrong.

Matthew Bugeja

Jan 31st 2012, 16:02

Patrick I can only wonder what you are gaining from this.. seeing as how only politicians and business people seem to be in favour of this. Could you kindly inform us where your stand on this? or is it just cause you're the wise man amongst us all?

Patrick Fenech

Jan 31st 2012, 18:20

Sure I can tell where I stand on this. I am all for innovation and internet freedom. And I am all for having an open discussion on the topic. I am also in favour of the protection of copyright and prevention of counterfeits which not only destroy industry but also employment opportunities, health and the very protections of our legal systems.

My agenda is simple: I am sick of emphatic lobbying and flooding of the blogosphere by NGO's who claim to speak for the people while insulting their very intelligence by churning out blatant propoganda.

In short:

- I am for a balanced approach where we look into the issues without bias or emotional fervour

- ACTA needs to respect basic safeguards WHICH IS PRECISELY what the Commission has achieved in the final text

- Better no agreement than a bad agreement

@Luke - your laziness is no justification for doubting the integrity of the European Commission. While I am no fan of the secrecy surrounding the matter, there is no doubt that we cannot have ALL information and negotiating positions sent to our hotmail accounts before the EU is to come to any decisions. Otherwise diplomacy just wouldn't work!!

Unfortunately the bane of the lazy is their reluctance to think.

Luke Lanzon

Jan 31st 2012, 19:54

When I said I was lazy, I meant I was to lazy to join the civil service.... Now from what I can gather from this ACTA thing is that its intention is good, but its too vague, to the point that I don't know where I would stand if I simply upload a song on facebook. Because of its secrecy I have 2 things to say:

1.) Keeping it secret for so long has lost the trust of millions of people.
2.) Now that it got leaked and they decided to put it down on paper and only because of public pressure it had to be explained in more detail (which still isn't enough as it is) how could I beleive what they have written down is the actual truth?

Matthew Bugeja

Feb 1st 2012, 09:52

So can you tell me the negative sides of ACTA? If you can see it from a balanced side and are so well informed about it surely you can see both positives and negatives..

James Dimech

Jan 31st 2012, 15:06

Mintoff and KMB got it right !!! Because they never wanted us to have computers in the first place. Ehh x'tahseb Pat ??

Joseph Brincat

Jan 31st 2012, 15:27

James Dimech
SO VOTE >> NO

David Zammit

Jan 31st 2012, 15:32

Pat, you seem to think that everyone has got it wrong and only you and Simon and Casa has got it right. You must be the worlds leading expert

pat muscat

Jan 31st 2012, 16:12

Get your facts straight: internet was commercialized in 1994; how could KMB or Mintoff be against computers and internet ?

James Dimech

Jan 31st 2012, 16:26

@pat muscat

I said COMPUTERS not internet. Computers existed pre-87 and it is well documented that the Mintoff / KMB regime was against them.

Pat read and understand before you tap the keyboard. Do not do like Labour and shoot from hip.

Arsenio Ellul

Jan 31st 2012, 16:41

@ James
I would like to remind you that in 1984 I had a ZX Spextrum and I was living in Malta not in Mars. It did cost me Lm120 because I still have the receipt. And I remember well many students my age had computer like Commodore64,Sinclair,IBM, Amstrad,Amiga . We used to load from cassettes even though after half an hour loading it gave you an error, but those were the days. So please get your facts right don't shoot left right and centre like PN.

pat muscat

Jan 31st 2012, 16:14

Yes the Liberals in Europe are all closet communists! Kemm tiflah tkun bravu biex ma nghidlekx kelma ohra!

Patrick Fenech

Jan 31st 2012, 15:34

Read the text Lisa. Not just the shiny AVAAZ slogans:

http://register.consilium.europa.eu/pdf/en/11/st12/st12196.en11.pdf

Victor Laiviera

Jan 31st 2012, 15:03

@ Maurizio Psaila

You are missing the point. ACTA will give governments the right to inspect and control the CONTENT of online communications. So you can forget protest meetings organised through Facebook and/or Twitter.

Alfred Vassallo

Jan 31st 2012, 16:59

Miskin dejjem 'one track mind' hasra ma semmhewkx manswetu jew fidel.

Joseph Frantz

Jan 31st 2012, 12:45

100% agree with you ...... The Truth

Alfred Dimech

Jan 31st 2012, 13:09

I know you don't really care, but those videos do not apply to the current draft of ACTA. The agreement has been drafted and re-drafted numerous times, weakening it to suit the individual liberties of the signatory nations. The sources of those videos are dubious, and so is their content.

If you really want to form an educated opinion why don't you read the latest ACTA draft yourself? It's available online. I'm sure you'll still use ACTA as another tool to attack the government, but for me ACTA is more important than your petty politics, and it's important that people understand what it does and what it doesn't.

Andre Cilia

Jan 31st 2012, 13:47

maybe not all... but the Maltese ones did...
see for yourself

http://www.laquadrature.net/wiki/ACTA_resolution_MT

J Pace

Jan 31st 2012, 12:43

x'ghandu x'jaqsam intellectual property with Arab Spring?
Don't you think Gaddafi et. al didn't try censoring the Internet?

ACTA (which I myself also have reservations about by the way) would not have had any impact on this whatsoever.. ma nhalltux il-hass mal-basla.

Victor Laiviera

Jan 31st 2012, 15:08

@ J Pace

One of the worst things about ACTA is that the language is so broad and vague that any government will be able to interpret it as it likes. And you can be sure that those governments would have interpreted it as giving them the power to block Facebook and Twitter.

It's you who is only seeing as far as the tip of his nose.

J Pace

Jan 31st 2012, 15:43

So you genuinely think that ACTA would have prevented the Arab Spring, because without it, Gaddafi would not have felt it was right to inspect internet content.. u hallina!

m. borg (slm)

Jan 31st 2012, 13:00

Ask local hunters, birdtrappers and fisherman about assurances from the EU and the Casa/Busutill tandem.

Guido Farrugia

Jan 31st 2012, 12:49

No wonder the PL is representated by 4 MEP's

m. borg (slm)

Jan 31st 2012, 12:56

You are abolutely rightshould have been 6 PL - 0 PN

John L Galea

Jan 31st 2012, 13:27

And why?

Paul Micallef

Jan 31st 2012, 14:00

The farce is how Casa was elected, and the fact that people like you continue to believe the PN, THAT is the real farce!

Joe Vella

Jan 31st 2012, 12:25

On Issues that matter; On Nation Buiding. From Integration/Independence, EU, on the Euro; Yes always got it wrong.

Paul Micallef

Jan 31st 2012, 14:02

Joe Vella: You mean that the Nationalist Party got it right about the EU, Euro, Integration/Independence and so on? Are you serious? Seems to me you are not living in the world

Daniel Dimech

Jan 31st 2012, 14:11

anke fuq is sigurta socjali li bnew pajjiz biha???? ghax shabek dejjem ivvotaw kontra!!!! @ joe

Arsenio Ellul

Jan 31st 2012, 14:12

@ Joe Vella
So according to your reasoning Labour was wrong to inroduce pensions, children's allowance,bonuses,removing capital punishment,making Malta a Republic, decriminalise homosexuality, vote for women, voting for all persons over 18,etc.. Do these issues matter or not. PN was always against these things. If you're happy PN MEP's voted for ACTA, I don't. This has nothing to do with politics but privacy.

R Bonello

Jan 31st 2012, 12:10

100 % right :)

Mr Albert Borg

Jan 31st 2012, 12:03

Sir you are blind enough to not realise that the issue at hand here is the resolution of a law which will have disastrous repercussions upon the freedom information sharing currently enjoys. This is not a political issue and has nothing to do with partisan politics - all our MEPs voted in line with their EU affiliates.

THIS IS NOT A PARTISAN ISSUE AND SHAME FOR TRYING TO DEPICT IT AS SUCH

Read and inform yourselves about ACTA, it is far from the benevolent neighbourhood watch that The PN MEPs are claiming it is.

R. Caruana

Jan 31st 2012, 12:06

What are you blabbling about? At a European Level only the EPP is in favour of this law. Every other party in Europe have their objections while the EPP is accepting this at every stage. Mr.Vella if you're happy to have be surveilled 24 hours a day just in case you do something wrong go ahead you have a huge self-esteem problem I'm sorry to tell you. Good for you I seem to value you & everyone as a human being more then you do with yourself.

emmanuel camilleri

Jan 31st 2012, 12:11

anqas taf xinti tid habib!!! fittex naqa u tkun taf kemm din l-acta hi hazina!!! almenu dawn qabzu ad-dritijit tana c-citadini mux bhal mep's tijak, li jimlewk bix-xemgha umbad jitfawk l-infern!!! taf li ax sempliciment tkun dowlodjajt diska jistaw jaqtawk mil-internet bla ma jtellawk il-qorti, grazzi al-acta??? taf li anke habs tista tehel??? x'jobs uma li qed jintilfu??? li kantanti flok jaqlaw 10 miljuni, jaqilaw 20? al dawn qed naqbzu??? qabel titkellem fitex naqa, tkunx mohh maluq li ax jidlek partit ek, kolox tajjeb... anna 75% ta malta, jekk mux iktar, mohom maluq, ax tal-partit kolox tajjeb....

Alfred Vassallo

Jan 31st 2012, 12:12

And this is the risk when people vote for pn.
Look at this.
Quote ''When the final vote on the Anti-Counterfeiting Trade Agreement ACT is voted upon in the European Parliament this June, we will only support it if we are assured that it does not create undue restrictions for internet users." they said.''

Not even the pn is sure of the whole excerise otherwise they wouldn't have said that.... so there goes that the pl 'shoots from the hip'.

A Cachia

Jan 31st 2012, 12:15

Watch this and then blame PL and the major parties in the world.


http://www.youtube.com/watch?v=FOOhccwY74Y

m. borg (slm)

Jan 31st 2012, 12:58

@K Vella maybe when you get the police knocking on your door after downloading some adult entertainment then you would think differently.

Paul Micallef

Jan 31st 2012, 14:05

Look who's talking about being amateur! What about the risk of voting your beloved PN! We all saw the 'successes' you made with Arriva, Smart City, BOV, Mid Med, Sea Malta, Tarzna, deficit, finances, court and the list goes on and on...

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