ENDitorial: Counterfeit version of ACTA presented by European Commission

By EDRi · March 24, 2010

This article is also available in:
Deutsch: [ENDitorial: Europäische Kommission präsentierte falsche ACTA-Version | http://www.unwatched.org/node/1799]

At a meeting in Brussels on 22 March 2010, the European Commission presented
a counterfeit version of ACTA to participants. As with any good counterfeit,
it bore quite a strong relationship with the genuine article. However, the
differences were quite obvious for those in the know.

For example, in this counterfeit version, there is no mention of ISP
liability changes that would lead to measures such as the cutting off of
consumers (“three strikes”). Similarly, in this counterfeit version, the
European Union is not proposing language to require criminal penalties for
“inciting, aiding and abetting” certain offences, including “at least in
cases of willful trademark counterfeiting and copyright or related rights
piracy on a commercial scale.” The counterfeit version also presents no
risks for fundamental rights in developing countries, which is great news
because otherwise “information sharing” and policing obligations for
Internet access providers would be a threat for privacy and free speech
across the globe. Remarkably, and very oddly for a counterfeit, this version
is better than the real thing in almost every way.

Thankfully, however, there are pirate versions of the negotiating documents
available due to the many “leaks” that have happened over recent months. The
pirate versions – unlike the counterfeit presented by Mr Devigne of the
European Commission – are perfect copies of the original and show the ACTA
proposals.

Of course, the question now is whether the Commission’s promises of more
transparency in this process are also counterfeits. In the meantime, we can
only hope for more pirate versions in order to inject some democracy into
the proceedings.

Video of the meeting (22.03.2010)

The EU ACTA Consultation: European Commission vs. European Parliament
(22.03.2010)
http://www.michaelgeist.ca/content/view/4894/125/

EDRi-gram: ENDitorial: ACTA, the Euro Parliament resolution and political
clarity (10.03.2010)
http://www.edri.org/edrigram/number8.5/acta-european-parliament-position

(Contribution by Joe McNamee – EDRi)