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ACTA is a copyright protection treaty being hashed out in secret by many developed nations around the world. The early drafts, and even the participants, are mostly secret. However, a few good intentioned insiders have leaked early drafts to whistle blowing websites such as Wikileaks, and the contents are very concerning.

For instance, the leaked draft requires ISP's to provide identifying information about suspected copyright infringers without a warrant. That is, if someone is downloading pirated music or videos, the ISP's have to help the record/movie industry identify the individual without going through a judge. This is quite unprecedented since the RIAA/MPAA are not law enforcement agencies (and even if they were, the fact they can act with impunity is disconcerting).

Second, this would essentially require the ISP's to become Internet cops, thus putting a financial burden on them and likely increasing all of our costs.

A quote from an article:

quote:
In addition to the ability to force ISPs to provide customer info, the agreement would also give border guards the right to inspect laptops, cameras, iPods and other devices for any illegal digital content, and would allow them to take action without requiring a complaint from a rights-holder. The agreement would permit guards and others to conduct "ex parte" searches of property or individuals, meaning a lawyer would not have to be present.


Here is another good article that goes into more detail. This article mentions that ACTA would make it illegal to use privacy software on the 'net. That is, it would be illegal to try and circumvent the monitoring.

There was a Freedom of Information Act filed for details of the early drafts and the request was denied on the basis of "national security." So much for the "transparency" the Obama administration promised. It appears he is no different than "W," insofar as cowering to corporate interests is concerned (just follow the money, as they say). The RIAA/MPAA (aka MAFIAA) is a very powerful lobbying group. Indeed, they helped Obama get elected.

There is a slight glimmer of hope coming from Congress, however.

From Wikipedia:

quote:
US Senators Bernie Sanders (I-VT) and Sherrod Brown (D-OH) penned a letter on November 23, 2009 asking the United States Trade Representative to make the text of the ACTA public.


I don't believe anything came of this letter (not surprisingly).
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No offense but this sounds like some conspiracy theorist rhetoric to me. I don't doubt that there may be some more anti-infringement law in the works but I doubt it will be as severe as these articles seem to imply. And laptops and other electronic devices are already subject to search on entry into the U.S.

http://www.dhs.gov/ynews/relea...r_1251393255852.shtm

There is no right to an attorney for any search currently so that's not even an issue. Not to mention "ex parte" means one-sided (as in one party speaking to a judge without the other party present). It has nothing to do with having an attorney. There is no right to an attorney at any point until there is a custodial interrogation (5th Amendment) or until criminal proceedings begin (6th Amendment).
Sorry I didn't respond earlier, lawguy, but I have to disagree that this is a conspiracy theory. The story of ACTA has been published all over main stream Internet news sites for a couple of years now, and there is even a well annotated Wikipedia page about it. The Obama administration admits the talks are going on but says the details are being withheld for "national security" reasons.

The reason I responded is because I came across another story relating to ACTA that was published earlier today (the linked story is from a well respected blogger/journalist who gets paid to track broadband and ISP industry news, and has been researching this story for years). It seems now the MAFIAA (also known as the RIAA and MPAA) is pushing to have European style "three strikes laws" pushed onto the U.S. What this means is if you get caught violating the the DMCA on three separate occasions, your Internet connection will be, by law, cut permanently. You cannot change service providers -- you are simply cut off for life. This is obviously unfair for a number of reasons that should be obvious to any reader.

What makes the potential "3 strikes law" so insidious (and not to mention just plain stupid since it is unenforceable) is that there is no due process for the accused; if one is simply accused of being an infringer, one has no recourse. Further, the law will provide the MAFIAA access to your ISP records without a warrant. In essence, it would make a private entity a sort of law enforcement agency.

There are so many unanswered questions about how such a system will work, who will police it, who will pay for it, and what recourse the accused will have to defend against bogus allegations. So far, the MAFIAA representatives have failed to answer these questions completely.

A Canadian International Law Professor wrote an interesting piece about the status of such laws in other countries. New Zealand, for instance, had to withdraw its 3 strikes law because of public outrage. Germany and Spain have also both rejected such laws.

Now, I agree that it's possible such a treaty will never pass; that is, just because it's being proposed by some powerful lobbyists in secret smoke filled rooms doesn't mean a whole lot. That much is true. However, one must ask why the government refuses any transparency whatsoever -- even going as far as rejecting a FOIA request on the basis of "national security?"

Of course the MSM wont cover this story because they are all owned by corporations closely tied with the MAFIAA. Most of them (NBC, ABC, FOX, MSNBC, CNN) are owned by conglomerates that also have an economic interest in seeing this nonsense get passed into law. So, all of them wish to ignore this story for obvious reasons.
quote:
Originally posted by Clover-Dale:
Sorry I didn't respond earlier, lawguy, but I have to disagree that this is a conspiracy theory. The story of ACTA has been published all over main stream Internet news sites for a couple of years now, and there is even a well annotated Wikipedia page about it. The Obama administration admits the talks are going on but says the details are being withheld for "national security" reasons.

The reason I responded is because I came across another story relating to ACTA that was published earlier today (the linked story is from a well respected blogger/journalist who gets paid to track broadband and ISP industry news, and has been researching this story for years). It seems now the MAFIAA (also known as the RIAA and MPAA) is pushing to have European style "three strikes laws" pushed onto the U.S. What this means is if you get caught violating the the DMCA on three separate occasions, your Internet connection will be, by law, cut permanently. You cannot change service providers -- you are simply cut off for life. This is obviously unfair for a number of reasons that should be obvious to any reader.

What makes the potential "3 strikes law" so insidious (and not to mention just plain stupid since it is unenforceable) is that there is no due process for the accused; if one is simply accused of being an infringer, one has no recourse. Further, the law will provide the MAFIAA access to your ISP records without a warrant. In essence, it would make a private entity a sort of law enforcement agency.

There are so many unanswered questions about how such a system will work, who will police it, who will pay for it, and what recourse the accused will have to defend against bogus allegations. So far, the MAFIAA representatives have failed to answer these questions completely.

A Canadian International Law Professor wrote an interesting piece about the status of such laws in other countries. New Zealand, for instance, had to withdraw its 3 strikes law because of public outrage. Germany and Spain have also both rejected such laws.

Now, I agree that it's possible such a treaty will never pass; that is, just because it's being proposed by some powerful lobbyists in secret smoke filled rooms doesn't mean a whole lot. That much is true. However, one must ask why the government refuses any transparency whatsoever -- even going as far as rejecting a FOIA request on the basis of "national security?"

Of course the MSM wont cover this story because they are all owned by corporations closely tied with the MAFIAA. Most of them (NBC, ABC, FOX, MSNBC, CNN) are owned by conglomerates that also have an economic interest in seeing this nonsense get passed into law. So, all of them wish to ignore this story for obvious reasons.


The most obvious reason they ignore it is that it involves technical and legal concepts that don't fit into the dumbed-down kind of solund-bit "news" we get from the MSM as well as from the cable news sources, including both conservative and liberal sources.

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