Is ACTA a threat to internet users?
Last week, representatives of 22 EU countries, including Malta, signed the international agreement called Anti-Counterfeiting Trade Agreement or ACTA.
The agreement was entered into between the EU, the US, Australia, Canada, Japan, Mexico, Morocco, New Zealand, Singapore, South Korea and Switzerland. This news generated a flurry of protests, especially on the web, not least in Malta.
For this agreement to enter into force it requires the consent of the European Parliament. A vote on the agreement will be taken in the first half of this year. As a member of the EP, I will therefore be able to cast my vote to accept or reject it.
Let me explain what this agreement is all about.
First of all, the aim of the agreement is to combat counterfeiting and piracy of goods by strengthening international cooperation in the enforcement of intellectual property rights.
I am sure we all agree on the fight against counterfeiting and piracy. If we do not, then we would be putting at risk your job if you work in the manufacturing sector or if you work in the software industry – both victims of counterfeiting and piracy.
Yet, a number of complaints have been made in the sense that, despite its good intentions, this agreement can restrict internet freedom and even have other consequences, such as restrict access to generic medicines. These are serious complaints. I, for one, would vote against ACTA if they proved valid.
Let us look at some of them and find the answers. And I am here relying on official information published by the European Commission as well as on the advice of the Legal Services of the European Parliament.
Firstly, the most important point: anything that you can legally do today, you can continue doing even with ACTA. Of course, if what you do is already illegal then it will remain illegal with or without ACTA.
Secondly, there have been fears that ACTA would limit our access to the internet or our privacy.
On this, the European Commission states categorically that ACTA will not affect how people use the internet in their daily lives and it will not limit our rights on the internet. Moreover it will not cut us off the internet. Nor will it censor or shut down websites.
This is a major difference from the draft laws (SOPA and PIPA) withdrawn in the US just a few days ago.
Crucially, the Commission adds that ACTA will not require internet service providers (ISPs) to monitor or filter the content of internet users.
Indeed, the Commission adds that ACTA will not lead to the so-called “three-strikes” system, which allows copyright holders to monitor internet users and identify alleged copyright infringers. ISPs would then be asked to warn the users and after three warnings, disconnect their access to the internet. The Commission makes it clear that ACTA will not lead to this system.
Thirdly, the Commission makes it clear that ACTA will not limit access to generic medicines, whether in Europe or to poor countries. Again, if there is illegal trade, then this is already illegal and ACTA will just improve enforcement against illegal trade. But legal trade of generics will not be curtailed.
So our access to generic medicines is not affected and nor are our companies that produce generic medicines. ACTA should help these companies because it hits out against illegal trade.
What happens now? As I said, the agreement must now be voted in the European Parliament, first at committee stage, then in plenary.
So far there has not been a vote on the final agreement. So statements to this effect making the rounds should be ignored because they are clearly incorrect.
Two initiatives were taken in the European Parliament at the time when ACTA was still being negotiating in 2010. The first was a written declaration that called on the negotiators to avoid the concerns mentioned above. I signed this declaration in 2010. Then in November 2010, when the negotiations on ACTA were being wrapped up, the European Parliament adopted a resolution which I supported. This resolution supported the aims of ACTA to fight counterfeiting and piracy. But at the same time it took note of the Commission’s assurances on the key concerns identified above.
Another resolution, drafted jointly by the Socialist, Liberal, Green and Communist groups was defeated. I voted against it because it would have killed ACTA rather than help to improve it – and this would have put jobs in jeopardy. But Labour MEPs voted in favour regardless.
So when the time comes to cast my vote, I will want to make sure that ACTA truly serves to protect jobs by fighting effectively against counterfeiting and privacy. And that it does so without creating undue restrictions for internet users.
If you have views or concerns on ACTA I would be happy to receive them. The official information I used for this article is available from:
http://trade.ec.europa.eu/doclib/docs/2012/january/tradoc_149002.pdf
simon.busuttil@europarl.europa.eu
Dr Busuttil is a Nationalist member of the European Parliament.
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Patrick Zammit
Feb 2nd 2012, 10:42
It is all about protecting the interests of Big Business.
Chris Gatt
Feb 2nd 2012, 09:11
Perhaps Simon should read this little article from Ars Technica which raises the probably more important question of the method of imposition as much as the agreement itself:
http://arstechnica.com/tech-policy/news/2012/01/internet-awash-in-inaccurate-anti-acta-arguments.ars
There are two key points to look at:
"On the merits, the problem with ACTA is less that it would require changes to American or European law as that it would become another mechanism for Western governments to force poorer countries to adopt bad copyright policies. For example, the treaty requires signatories to adopt anti-circumvention rules similar to those in the American DMCA, and a regime of statutory damages like the one that produced a $1.5 million judgment against Jammie Thomas-Rasset for infringing 24 songs. Once ACTA is adopted by wealthy countries, the US government is likely to make its adoption a factor in its Special 301 report, which lists countries Washington regards as having insufficiently strong copyright laws. Thanks to this kind of arm-twisting, copyright treaties that are adopted in the US and Europe are eventually foisted on the rest of the world."
and also:
"More generally, the treaty continues the one-way ratchet toward ever-stronger copyright protections. ACTA establishes a new, higher minimum of copyright protections and enforcement that countries must provide, but it doesn't require countries to preserve mechanisms like fair use and intermediary immunity that protect intellectual freedom.
If Congress ever decides that IP rights have swung too far in one direction, it can always rebalance them by changing the law, right? Not exactly. International agreements like ACTA bind the hands of legislators unless the US is willing to withdraw from them first.
That's why Rep. Darrell Issa (R-CA) last week called ACTA "more dangerous than SOPA." He added, "It’s not coming to me for a vote. It purports that it does not change existing laws. But once implemented, it creates a whole new enforcement system and will virtually tie the hands of Congress to undo it.""
I think we should all be wary of laws that hide themselves as 'trade agreements' to get passed through more quickly and which are sponsored by big business
Richard Curmi
Feb 2nd 2012, 08:55
Dear Simon Busutill,
ACTA will be total control on our internet lives, as simple as that. All those words in ACTA will translate in one thing, BIG BROTHER WILL WATCH whatever you do ,whether you like it or not.
Even communisim was not that bad come to think of it.
Mario Pace
Feb 2nd 2012, 08:02
Din il-ligi saret mil-multi-biljunarji favur il-multi-biljunarji biex taghti lil klikka taghhom is-superpower li jirrumblaw fuq id-drittijiet civili tan-nies komuni.
Richard Caruana
Feb 2nd 2012, 07:01
Rather than commenting at this stage we should all keep our eyes and ears open and follow developments.
As an artist, I find my work uploaded on internet before I receive my copies from the publisher! All I have to do to see my work published nowadays is to go to a certain website and, there it is! Admittedly, it's in Russia and doubt if ACTA will be able to show its teeth in that country; I've tried all that's legally possible to stop it, but no dice.
A lot of people's jobs are at risk because of copyright infringements and we might find that there will be no internet at all if the rate of pirating keeps increasing at the present rate.
A. Schembri
Feb 1st 2012, 18:43
then why was it signed in secrecy and took so long to hear an explanation?????
Philip Micallef
Feb 1st 2012, 13:47
The beginning of Big Brother. How come the individual would not be effected, when we get the service from the ISPs. The road to hell is paved with good intentions. What would be the next step? It boggles the mind.
Francis Attard
Feb 1st 2012, 13:00
Din hi inizzjattiva tal-USA biex tipprova issikket lil min qed jikxfilha l-iskandli. Jekk trid vera twaqqaf il-kriminalita Dr Busuttil, ghaliex ma tkunx minn ta' l-ewwell li tikkundanna dawk l-eluf ta' aborti li qed isiru kull sena gewwa l-Amerika?
S. Camilleri
Feb 1st 2012, 12:33
With this action Government has introduced one of the most serious potential intrusion on our privacy in recent years. He has signed before our backs, an agreement that was drafted in secret, whose powers are expected are biased towards 'pre-supposed' owners of intellectual property. It is something about which one reads in books like 1984 or the movie 'V for Vendetta'.
It is a law drafted by and for a small 'Hollywood like ' elite who think that they own the right to anything remotely associated with everything they put out ... just because they called it a Movie or Music Album and put a trademark on it!
I am not saying there should not be strong copyright laws but this proposed law weighs everything in favour or what these people can decide one-day as belonging to them. It will criminalise anyone, for example , who uploads a homevideo with a background soundtrack of his favourite music album. This is crazy and any politician associated with this law in its present form has no business getting elected.
Rachel Galea
Feb 1st 2012, 16:49
Technically speaking doing so without paying rights to using such music is illegal. Being involved in theatre over 25 years I know well enough that rights have to be paid....... generally through PRS for every bit of music, writing or other which is not originally yours.
In the case you mentioned the homevideo is your oroginal production so you would not need to pay any rights on that but if you choose to use a soundtrack from any one of ,say Elton John's music albums you would have to pay rights on that if your intention is to uplaod said video for public viewing. Otherwise you are in breach of copyright laws and legal action can be taken against you.
j brincat
Feb 1st 2012, 12:28
"Last week, representatives of 22 EU countries, including Malta"
Who are Malta? You and Casa?
Who was behind this agreement? USA?
Can you please enlighten us why all this was done behind the people's back? It was thanks to TOM that we came to know of your actions. Is there anything to hide?
Is this agreement that simplistic and so innocent looking ?
Why is Wikipedia so against this enactment that it stopped its service for a whole day?
(jb)
S. Camilleri
Feb 1st 2012, 12:53
This feels like deja-vu!
It reminds me of the under-hand way the €600 per week ministerial increase was pushed through ... Probably they thought that these morons (us ...as politicians see it) will not understand what hit them and they will accept it like sheep to slaughter.
Fabian Brincat Snr.
Feb 1st 2012, 12:23
The mere fact that ACTA was drawn up in secret is enough to make one doubt the good intentions of the Act !
First SOPA and PIPA and now ACTA ! Leave the internet alone and just go after the evil doers and stop helping the multi-nationals who get away with anything !
Matthew Galea Debono
Feb 1st 2012, 11:31
Regardless of all the above, we are yet to hear a justification of why all the negotiations were done in secret by non-democratically elected officials. even if the draft ever meets the standards of the public, it stands to reason that a foul of these proportions has instilled a great sense of doubt and wariness towards the governments and international organisations involved.
To Simon personally,
While I greatly appreciate your effort to allay our fears, there is still too much that's dubious in this issue than a write up by a single MEP can conceivably quell or placate. With great respect to your track record of championing democratic processes, one strongly suggests that you take the initiative to expose the justification for the procedures adopted in brokering this agreement.
Ramon Casha
Feb 1st 2012, 11:23
There are many rights abuses in the ACTA proposals. Two in particular are:
1) the prohibition on circumventing anti-copying technology. This means, for instance, that you cannot copy a DVD onto your MP4 player - even if you own the DVD in question. You cannot even write software that copies DVDs onto MP4 players - or laptops, or any other device. All DVD and Blu Ray players currently used in open source software such as Linux are illegal according to ACTA, as are all CODEC importers that allow videos or music to be used under Linux. Note that Linux is used in many devices including TVs, HDRs and home entertainment systems.
2. By making ISPs or hosting services responsible for content, any and all requests for removal will be complied with since no ISP will want to spend the time and effort to investigate each claim, nor will they want to risk making themselves liable by taking the consumer's side. This will de facto eliminate all fair use rights currently granted by copyright law.
It is unthinkable to expect consumers to trust that the industrial heavyweights will not abuse these powers once they are granted. We've already seen their attitude in other jurisdictions and they have shown zero concern for the consumer.
Matthew Bugeja
Feb 1st 2012, 11:09
First of all, the aim of the agreement is to combat counterfeiting and piracy of goods by strengthening international cooperation in the enforcement of intellectual property rights.
- In other words similar penalties across the board? who will set these penalties? the U.S think that between 750 - 150,000 USD per song is a fair penalty. Will they have a say in the penalties?
I am sure we all agree on the fight against counterfeiting and piracy. If we do not, then we would be putting at risk your job if you work in the manufacturing sector or if you work in the software industry – both victims of counterfeiting and piracy.
- Can you tell me the difference between: influenced, similar idea and copyright infringement? just so that everyone is clear... - Sectors which make millions to billions of profit whilst outsourcing their manufacturing processes to China and other pay by peanuts countries.. some victims.
Yet, a number of complaints have been made in the sense that, despite its good intentions, this agreement can restrict internet freedom and even have other consequences, such as restrict access to generic medicines. These are serious complaints. I, for one, would vote against ACTA if they proved valid.
- Can you guarantee that these abuses will not occur?
Let us look at some of them and find the answers. And I am here relying on official information published by the European Commission as well as on the advice of the Legal Services of the European Parliament.
Firstly, the most important point: anything that you can legally do today, you can continue doing even with ACTA. Of course, if what you do is already illegal then it will remain illegal with or without ACTA.
- So anyone who makes the Hitler videos is a criminal? what about covering a famous song on youtube? or dancing to a copyrighted song on a video?
Secondly, there have been fears that ACTA would limit our access to the internet or our privacy. On this, the European Commission states categorically that ACTA will not affect how people use the internet in their daily lives and it will not limit our rights on the internet.
- So how will they know if I download something I shouldn't? or viewed something I shouldnt?
Moreover it will not cut us off the internet. Nor will it censor or shut down websites. -
So it will take down 'copyrighted' material, ideas and not censor? please explain how? so the websites get to stay online until the case is ruled against? What about user contributed material that seem similar to someone elses stuff? are they given the benefit of the doubt?
This is a major difference from the draft laws (SOPA and PIPA) withdrawn in the US just a few days ago.
Crucially, the Commission adds that ACTA will not require internet service providers (ISPs) to monitor or filter the content of internet users.
- So how will they know what has been downloaded by individual users? is this not an invasion of privacy? they have to know one way or another.. do they use guess work?
Indeed, the Commission adds that ACTA will not lead to the so-called “three-strikes” system, which allows copyright holders to monitor internet users and identify alleged copyright infringers. ISPs would then be asked to warn the users and after three warnings, disconnect their access to the internet. The Commission makes it clear that ACTA will not lead to this system.
- So what will they do? not cut off the internet but fine you 150,000 per song? What will the system be? could you kindly elaborate? what about persons who downloaded before ACTA? Will everyone start with a clean slate?
Thirdly, the Commission makes it clear that ACTA will not limit access to generic medicines, whether in Europe or to poor countries. Again, if there is illegal trade, then this is already illegal and ACTA will just improve enforcement against illegal trade. But legal trade of generics will not be curtailed. So our access to generic medicines is not affected and nor are our companies that produce generic medicines. ACTA should help these companies because it hits out against illegal trade.
- So you are saying that ACTA is against Drug selling not Generic drug trade? I thought this was already a law.. Is selling counterfeit non regulated medication wide spread in Maltese Pharmacies?
Another resolution, drafted jointly by the Socialist, Liberal, Green and Communist groups was defeated. I voted against it because it would have killed ACTA rather than help to improve it – and this would have put jobs in jeopardy. But Labour MEPs voted in favour regardless.
- Yet you just like Labour MEPs kept it all hush hush away from the people just like everyone else.. So nice to have you on our side though. Also EPP voted against it you voted according to the party line as did the Labour MEPs in S&D .This is typical of a Maltese politician I guess.. So please stop trying to muddle the issue by making it an us against them thing.
So when the time comes to cast my vote, I will want to make sure that ACTA truly serves to protect jobs by fighting effectively against counterfeiting and privacy. And that it does so without creating undue restrictions for internet users.
- Once again, can you guarantee this?
RadioHead had a 0 pence album 'In Rainbows' which means they let users pay what they want. They still made more money on it than the previous album for which they charged money.- this is also the approach the small flash games companies are taking which seems to be working. works from one end of the spectrum to the other..
If companies stop producing low quality crap that you can not see & hear more than once or an album with only one or two decent songs on it or a 4 hour video game at an extremely high price the majority of people will stop pirating.
Alistair Farrugia
Feb 1st 2012, 15:14
A lot of sense in the above, could Dr. Busuttil kindly reply to these questions?
Robert Callus
Feb 1st 2012, 11:02
A study commissioned by the European Green Party shows otherwise:
http://www.greens-efa.eu/fileadmin/dam/Documents/Studies/ACTA_fundamental_rights_assessment.pdf
Kader Arif. former rapporteur for ACTA also disagrees strongly with Dr Busuttil, infact he "quit his role in disgust"
http://www.techdirt.com/articles/20120126/11014317553/european-parliament-official-charge-acta-quits-denounces-masquerade-behind-acta.shtml
Simon Busuttil is only looking at the interests of big business to the detriment of everybody else. Stop trying to fit a square in a circle.
James Dimech
Feb 1st 2012, 14:47
A study commissioned by the Greens would obviously support the Greens' anti-ACTA agenda. Then again Kader Arif is a Socialist and all Socialists seem to disagree with ACTA - no news here.
There are hundreds of entities who do a lot of work on innovation and creativity and who are in favour.
Liam Caruana
Feb 1st 2012, 10:54
Nemmen li jekk din tidhol fis-sehh, hafna websites ikollhom jaghlqu, dawn jinkludu Youtube, Wikipedia u hafna websites ohra ta' informazzjoni. Nemmen ukoll li jekk tidhol fis-sehh, l-istudent ha jbaghti hafna biex isib l-informazzjoni mehtiega, trid tqis li vera niehdu l-istipendji u smart card, imma ma' nemminx li jkollna bizzejjed flus biex nixtru extra kotba biex naghmlu r-ricerka taghna.
Ehe hi bzonjuza tip ta' ligi biex dawk in-nies li jaghmlu business min piracy, imma m'hemmx ghalfejn inhassru l-internet ghal-kulhadd. Nahseb li l-ahjar ikun hawn ligi sura ta' nies biex dawn in-nies ma' jibqghux jaghmlu hafna qliegh bla bzonn.
Din il-ligi hi censura fl-Internet, u nahseb li jekk tidhol fis-sehh tkisser l-iskop ewlieni ta' l-internet li kien li biex issib informazzjoni u titghallem minnha!
Malcolm Debono
Feb 1st 2012, 10:52
So how exactly will ACTA tackle file infringement if, as you said, ISPs will not be allowed to monitor our internet connections?
Patrick Fenech
Feb 1st 2012, 10:49
Thank you Simon for voicing the sound of reason. ACTA does indeed raise some concerns, but we do not just vote against any law that raises concerns. Otherwise we would decay into a lawless society ruled by terrorists, paedophiles, murders and anarchists. So thank you for not taking the same position as the populists.
But please do keep an eye out for on the final provisions to make sure that the adopted text is a good one!!
Matthew Bugeja
Feb 1st 2012, 11:10
Spoken like someone who has something to gain.. http://www.patrickjfenech.com is that you by any chance?
pat muscat
Feb 1st 2012, 10:09
Din bhal tal-burden sharing? Niffirmaw kontra l-interess ta l-istudenti u pajjizna? And why was this ACTA act negotiated behind our backs; why did you and Casa vote in favour of it? Protect jobs? As AD said it protects the greed of big business and big pharma!
James Dimech
Feb 1st 2012, 11:38
People are complaining about ACTA because they have to stop downloading stuff illegally for free, period. Which I understand would upset a lot of Socialists since their mentality is "isloh b'xejn minn fuq dahar minn jahdem"
Emanuel Farrugia
Feb 1st 2012, 16:22
Mister James Dimech, do you really believe it is only the Socialists meaning tal-Labour ? And the Nationalist Conservatives of course do not download stuff illegally for free.. They are Angels on horseback. Mister Dimech now that you have satisfied your sarcasm, can you tell me where you got your statistics from. Not NSO surely ?
James Grech
Feb 1st 2012, 09:53
Leave the internet alone!!!!
Mr Neville A Cassar
Feb 1st 2012, 09:41
Who is negotiating on the EU's side and with whom are they negotiating?
Please choose the reason of your report below: