What a flurry of ACTA stuff today -- here's a press release from InternetNZ on their "PublicACTA" initiative.

InternetNZ to take public message to ACTA negotiators
Media Release
2 March 2010

InternetNZ (Internet New Zealand Inc) will assist the public in voicing its concerns about the controversial international Anti-Counterfeiting Trade Agreement (ACTA) through an open conference to be held next month in Wellington, New Zealand.

“We’re going to give the public the chance to have their say - in contrast to the secrecy of the negotiation process,” says Jordan Carter, InternetNZ Policy Director.

PublicACTA will be held on Saturday, 10 April 2010, two days ahead of Round 8 of the ACTA negotiations on 12-16 April in Wellington. The outputs of PublicACTA will be provided to the New Zealand government negotiators.

PublicACTA will be an open and public opportunity for people to critique the known and likely content of the ACTA proposals, providing a counterpoint to the secrecy of the negotiations.

“These plurilateral negotiations appear to extend well beyond the area of trade and physical counterfeiting to potentially cover non-commercial infringement of copyright material by ordinary citizens and digital rights management,” Carter says.

Despite the high level of secrecy surrounding the process, some of the proposals have leaked and demonstrate cause for concern.

Today saw the biggest leak so far of ACTA info. Michael Geist has details on Internet and Civil Enforcement Chapters With Country Positions
http://www.michaelgeist.ca/content/view/4829/125/
(discovered via boing boing)

Nathan Torkington has a summary of New Zealand's standpoint on various issues within the leaked document:
http://nathan.torkington.com/blog/2010/03/01/nz-acta-negotiation

NZ's Ministry of Economic Development has asked the public for ACTA advice

Tech Liberty NZ asks "Why do NZ citizens have to find out the NZ position in ACTA negotiations from leaked documents?"

When i get some non-work non-baby time, i'll write a real blog post on it, promise :)

Meanwhile here's the press release calling for submissions:

http://www.scoop.co.nz/stories/PA1003/S00028.htm

Submissions sought on Anti-Counterfeit Trade Deal
Tuesday, 2 March 2010, 2:50 pm
Press Release: New Zealand Government

Minister calls for submissions on Anti-Counterfeiting Trade
Agreement

Commerce Minister Simon Power is calling for submissions on a
range of intellectual property proposals in the digital arena to help
develop the proposed Anti-Counterfeiting Trade Agreement (ACTA).
This is the third round of public consultations on ACTA, and New

ACTA is that inglorious treaty New Zealand is negotiating with the USA, that has been deemed a "National Security" secret, and involves stopping fake Prada handbags, as well as taking away our rights online.

Recent ACTA leaks include this juicy piece of shitting on ISPs:

ISPs to be liable under civil law for content uploaded and/or downloaded
by subscribers, unless they agree to terminate service to "repeat offenders".

This is sometimes called "Safe Harbour", meaning a set of actions an ISP must do to be safe from liability -- It's also the same smelly stuff that was in Section 92A of New Zealand's Copyright act. We managed to stop Section92A, but ACTA is the same thing dressed up as a treaty.

"Repeat Offenders" could mean only those convicted in a fair trial -- but even then, I am greatly opposed to ever laying the blame for copyright infringement on an ISP. Other than being unfair, it is another cost they'll need to pass onto all customers. It sounds very much like once again requiring ISPs to judge the merits of an accusation against one of their customers, with the implication that ISPs are required to spy on their users in order to gather evidence to verify or disprove accusations against their customers.

I say: If you break copyright law, you are the blame, and you should face the consequences. We all need to stop aiming legislation at the ISPs. The ISPs should never be liable for the actions of others.

ACTA resembles a poonami for the Internet. I just learned that word; ask a parent if you don't know what it means ;-)

New Zealand's Ministry of Economic Development have released from documents on the ongoing ACTA negotations.
http://news.business.govt.nz/news/strategic/article/9761

Smarter people than me have read these, and found nothing new revealed.

The last round of negotiations was in Mexico - the next round of talks is right here in New Zealand.

quick recap:

ACTA (anti counterfeiting trade agreement) is a treaty currently being negotiated by the world's weathiest countries, including New Zealand. It is officially about things like stopping the fake prada handbags trade - but there's also been leaked documents showing that big media have been asked for their wishlist such as 3 strikes internet disconnection that we protested so loudly against in NZ's s92a of the Copyright act.

It would be disastrous to have stopped such New Zealand laws that give out punishment (internet termination) without trial or appeal, like the s92a did, only to have it implemented anyway via a treaty that our parliament ratifies. Now is the time to make noise.

This need to stop fake prada is so important, it's been classed as "National Security", so none of us lowly citizens are allowed to know what's actually being negotiated. This also is not standard practice for treaty negotiations to be secret.

All Official information act requests, in several countries, have been unsuccessful in finding out what they're putting into this treaty - cos, you know, national security.

The next talks are in Wellington in April - standby for more info later on citizen action.

USTR - The Office of U.S. Trade RepresentativeSource: www.ustr.govNegotiations on the ACTA began in June 2008. In preparation for those negotiations and since then USTR has reached out to the public for its views and to exchange information on several occasions. ...    The Office of U.S. Trade Representative Releases Summary of Anti-Counterfeiting Trade Agreement (ACTA) Negotiations    

Anti-Counterfeiting Trade Agreement negotiations delayed

New Zealand and other participants in the proposed Anti-Counterfeiting Trade Agreement (ACTA) have agreed to postpone the March 2009 round of negotiations until a later date to provide additional time for some delegations to renew their negotiating mandates

Government Blocks Release of Documents on Secret IP Enforcement Treaty

Despite Obama’s Order for Openness, Americans Still Kept in the Dark About ACTA

Washington, D.C. - The Office of the United States Trade Representative (USTR) is withholding hundreds of documents about a secret intellectual property enforcement treaty currently under negotiation between the U.S. ...

Computerworld > Secret IP pact involving NZ draws US lawsuitsSource: computerworld.co.nzACTA meetings have not been kept secret from the public, says MEDTwo digital rights advocacy groups have filed a lawsuit against the Office of the US Trade Representative (USTR) in an attempt to get the office to turn over information about a secret international treaty, involving New Zealand, being negotiated to step up cross-border enforcement of copyright and piracy laws.

EFF:Source: secure.eff.orgIn October 2007 the United States, the European Community, Switzerland and Japan simultaneously announced that they would negotiate a new intellectual property enforcement treaty, the Anti-Counterfeiting Trade Agreement, or ACTA. Australia, the Republic of Korea, New Zealand and Mexico have joined the negotiations.

There are so many fronts on which the "freedom" of the internet is under attack in my own country, neighbouring countries, and elsewhere.

Here in New Zealand a new copyright act went into effect on 1st November. The most controversial clause has been delayed until 28th February. This clause says that an ISP must have a policy of disconnecting anyone repeatedly accused of copyright infringment. ...

That's accusation only. There's no oppourtunity to defend yourself, no recourse for reconnection, and there's no penalty for false accusations. If you want someone off the internet you need only repeatedly accuse them of copyright infringement ("repeatedly" has legal precidents to mean 3 times). Aparently file sharing is so bad you don't even get a trial (can they not see where that logic leads?). Even pedaphiles get a trial before they are considered guilty and punished. I could not continue my occupation if i was disconnected.

There's also that great treaty called "ACTA" - Anti-Counterfeiting Trade Agreement, which on the surface is defending against fake prada handbags, but also fake baby prams (won't someone please think of the children!).. and fake medicines. I'm unsure if they mean cheap generic medicines that infringes patents, or if they mean dangerous medicines that aren't what they say on the labels -- but regardless, the Music and Film industry have been asked for their wishlist (to crack down on those dangerous counterfeit music tracks). The problem is the countries participating in ACTA negotiations have signed with the USA that they will not reveal the contents of the treaty until after they ratify it.

The public were asked for submissions in New Zealand, but how the frack am i to send a submission on a treaty when i cannot see the contents of it?

In the EU a group of citizens used their official information act to force the EU council to reveal the contents of this treaty... the Council said No. Who are they accountable to? Aparently not to their citizens and not to their own laws.

Within the wishlists of RIAA is making ISPs liable for copyright infringement that happens through their networks.. This we need to be very vocal about. How's an ISP to know whether a data packet contains a copyright infringement?? by only allowing you to talk to sony.com + apple.com ?

In other news, Australia looks like it's about to force all isps to enforce a blacklist of IPs. The result is all of Australia's internet access being filtered, in the on going mission to stamp out child porn. Their internet is going to get horribly slow, and it's not going to stop child porn. You just know the black list (a huge collection of child porn website urls) is going to leak out straight into the hands of the folks who want these urls. I hear a politician is trying to get a list of all R18 sites and add that to a list also. That's some huge list to check against on every packet. (not just port 80, otherwise it'd be too easy to bypass).

Mark Harris sent an email to all NZ political parties registered for the 2008 general election.

He asked for their position on the ACTA Treaty.

Most did not respond, though many clearly opened the email (there was a read recipt).

Here are the 3 that did respond:

NZ Politcal party and ACTA - Where do they stand?Source: tracs.co.nzOn September 17, I emailed all the parties I could find from the Elections Website to ask what their policies were regarding the Anti-Counterfeiting Trade Agreement. I looked at their websites first - nothing at all

Quoting from the very eloquent William Patry, US Copyright Lawyer:

Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together again: multilateral and trade agreements have ensured that, and quite deliberately.

Quoting Cory Doctorow:

The internet is only that wire that delivers freedom of speech, freedom of assembly, and freedom of the press in a single connection. It's only vital to the livelihood, social lives, health, civic engagement, education and leisure of hundreds of millions of people (and growing every day).

This trivial bit of kit is so unimportant that it's only natural that we equip the companies that brought us Police Academy 11, Windows Vista, Milli Vanilli and Celebrity Dancing With the Stars with wire-cutters that allow them to disconnect anyone in the country on their own say-so, without proving a solitary act of wrongdoing.

But if that magic wire is indeed so trivial, they won't mind if we hold them to the same standard, right?

Quoting Alan Story, a Senior Lecturer in Intellectual Property Law at the UK's University of Kent, on ACTA.

Where do we read about how copyright blocks access to books or leads to ever greater commodification and sameness in our culture? Instead, we are regularly carpet-bombed by the latest revelation, accompanied by statistically unreliable surveys, as to how piracy is, one week, killing the music industry, and the next week, the film industry. Lock ‘em up, cut off their Internet access forever, piracy funds terrorist cells: the articles never cease in this steady drip after drip.

and for a completely different angle, quoteing Roberto Verzola of the Philippines:

If it is a sin for the poor to steal from the rich, it must be a much bigger sin for the rich to steal from the poor. Don’t rich countries pirate poor countries’ best scientists, engineers, doctors, nurses and programmers? When global corporations come to operate in the Philippines, don’t they pirate the best people from local firms? If it is bad for poor countries like ours to pirate the intellectual property of rich countries, isn’t it a lot worse for rich countries like the US to pirate our intellectuals?

In fact, we are benign enough to take only a copy, leaving the original behind; rich countries are so greedy that they take away the originals, leaving nothing behind.

The New Zealand Government continues to participate in ACTA treaty negotiations.

Our Ministry of Economic Development (MED) reports on ACTA Negotiations: Report on Round Three, 8-9 October 2008, Tokyo and have even published the Agenda. As mentioned on the NZOSS list, MED have noted that "Participants confirmed their intention to continue consulting with their respective stakeholders, and to share the results of the consultations at their next meeting.". Who are these stakeholders? Who are they going to share these with?

ACTA is "Anti-Counterfeiting Trade Agreement", a treaty originating in the USA, and to date still secret. Many snippets have leaked, including an assertion that the Copyright Hoarding entities (RIAA and their clones) have been consulted for their wishlist.

Press Release:

More than 100 public interest organizations from around the world
today called on officials from the countries negotiating Anti-
Counterfeiting Trade Agreement (ACTA) -- the United States, the
European Union, Switzerland, Japan, South Korea, Canada, Mexico,
Australia and New Zealand -- to publish immediately the draft text of
the agreement.

Secrecy around the treaty negotiation has fueled concerns that its
terms will undermine vital consumer interests.

Organizations signing the letter include: Consumers Union, Electronic
Frontier Foundation, Essential Action, IP Justice, Knowledge Ecology
International, Public Knowledge, Global Trade Watch, U.S. Public
Interest Research Group, IP Left (Korea), Australian Digital Alliance,
The Canadian Library Association, Consumers Union of Japan, National
Consumer Council (UK) and Doctors without Borders’ Campaign for
Essential Medicines.

Based on leaked documents and industry comments on the proposed
treaty, the groups expressed concerns that ACTA may:

Summary of Submissions Received About ACTA | Anti-Counterfeiting Trade Agreement | Intellectual PropSource: www.med.govt.nzConsiders that ACTA has real potential to improve the protection and enforcement of intellectual property rights in major markets around the world and to shift the international debate on intellectual property rights in favour of international cooperation and strong enforcement standards.

Internet Society of NZ has made a submission on the proposed Anti-Counterfeit Treaty: ACTA:
http://www.internetnz.net.nz/issues/submissions/2008/acta (pdf)

ACTA is DMCA style legislation wrapped up into a Treaty. It orginates in the USA, and New Zealand government is asking for comment on it..