"So many people tut and say "Someone should do something", but so few step forward and say "...and that someone is me" –Terry Pratchett
Not In My Name:, the CFF Campaign for Fair Copyright
In May 2008 a leaked document appeared on the site WikiLeaks about an International Trade Agreement that was under negotiation between the Governments of of many of the world's developed nations, including USA, Switzerland, Japan, South Korea, and the European Union. The document in question was called ACTA, or the Anti-Counterfeiting Trade Agreement.
The leak revealed that New Zealand was also involved in the negotiations - without the knowledge of the NZ public, and without consultation of key businesses, organisations, and individuals who would be drastically affected by the changes proposed by the agreement. After yet more leaks the NZ's Ministry of Economic Development (MED) finally asked for public comment on ACTA : the Treaty that proposes to radically affect copyright law across the world.
Although the Trade Agreement refers to "counterfeiting" it appears to be about tracking copyrighted material online, not just fake bank notes & Gucci bags. Currently if the police want to search your house or tap your phone or internet they'd need to present evidence to a judge, however with this proposed treaty then any copyright holder would be able to bypass the court and monitor your internet connection, your friends internet connections, and your travels overseas - all in the name of protecting artists work. As artists, we're not quite convinced that the protection our work's copyright warrants this kind of activity.
As it stands ACTA would also allow Customs (ie as you pass through an international airport) to randomly search your laptop, MP3 player, and cellular phone for copyright-infringing content (ie, digital music files, a funny video someone emailed to you on your laptop, music or video that you are remixing or mashing up, etc.). Travelers who can't prove what they bought would be subject to a fine and may have their devices confiscated or destroyed.
Having become aware of ACTA due to the leaked document, consultant Mark Harris made a request for "any and all information" the MED held on ACTA. The department has supplied Harris with just 13 of 91 identified documents falling within the scope of the request, many of which had been heavily censored.
Included in the 13 documents are suggestions that copyright owners be given information about infringers "including their identities, means of production and distribution and relevant third parties", so the owners can pursue further action against them or keep watch on their future activities.
The revealed ACTA documents include a provision to force ISPs to supply information about suspected copyright infringers to companies. This is comparable to forcing Telecom to reveal information on who you talk to based on nothing more than an accusation, without a warrant and without court approval or oversight. As ACTA is an International Trade Agreement, overseas companies could obtain information about New Zealanders through this.
This is an unprecedented breach of privacy and due-process and it's being done in the name of protecting artists. Stand up and make your voice heard: Say NO to Companies Snooping on Your Internet
Like other other Guilt Upon Accusation laws we need to spread the word to fellow artists. Laws like this will keep being proposed unless there is a wide understanding within the art community of what's being done in our name. The long-term solution is for you to help fellow artists understand the issues.
: remember, there's no point getting angry so be polite, respectful and clear in your correspondence. It'll be more persuasive that way..
on ACTA and Brenda Wallace .Please Note: As the final details of ACTA are not yet public this is a response based on current information. It may change at a later date.
Please Note: Our use of "ACTA" refers specifically to the principles detailed here, not all of ACTA (much of which is unknown). Using "ACTA" is done for brevity.
Disclaimer: As the final details of ACTA are not yet public this is a response based on current information. It may change at a later date.
Please Note: Our use of "ACTA" refers specifically to the parts detailed here, not all ACTA (much of which is unknown). This is done for brevity.
