[LINK] LEAKED! TPP: the Son of ACTA will oblige us to throw out privacy, free speech and due process for easier copyright enforcement

[John Hilvert]

I've saw this when the EFF circulated this a few days ago.per
https://www.eff.org/deeplinks/2012/08/tpp-creates-liabilities-isps-and-put-your-rights-risk

This is based on a leak going back to Feb 10 last year,
http://keionline.org/sites/default/files/tpp-10feb2011-us-text-ipr-chapter.pdf

The substance of this was covered back in March last year
http://www.itnews.com.au/News/250866,secret-copyright-treaty-derails-australian-internet-code.aspx

What I find interesting is why there have been no further leaks of this
full chapter since then.

One reason may be that the draft text has been substantially changed to
approach a position closer to current practices and so there's less reason
to leak.

On Wed, Aug 29, 2012 at 5:54 PM, Kim Holburn <kim at holburn.net> wrote:

> http://boingboing.net/2012/08/25/leaked-tpp-the-son-of-acta-w.html
>
> > LEAKED! TPP: the Son of ACTA will oblige America and other countries to
> throw out privacy, free speech and due process for easier copyright
> enforcement
> >
> > By Cory Doctorow at 6:00 pm Saturday, Aug 25
> >
> >
> > The Trans-Pacific Partnership is the son of ACTA, a secretive copyright
> and trade treaty being negotiated by the Pacific Rim nations, including the
> USA and Canada. As with ACTA, the secretive negotiation process means that
> the treaty's provisions represent an extremist corporate agenda where due
> process, privacy and free expression are tossed out the window in favor of
> streamlined copyright enforcement. If this passes, America will have a
> trade obligation to implement all the worst stuff in SOPA, and then some.
> The Electronic Frontier Foundation's Carolina Rossini and Kurt Opsahl
> explain:
> >
> > TPP article 16.3 mandates a system of ISP liability that goes beyond
> DMCA standards and U.S. case law. In sum, the TPP pushes a framework beyond
> ACTA[1] and possibly the spirit of the DMCA, since it opens the doors for:
> >
> >> * Three-strikes policies and laws that require Internet intermediaries
> to terminate their users’ Internet access on repeat allegations of
> copyright infringement
> >>
> >> * Requirements for Internet intermediaries to filter all Internet
> communications for potentially copyright-infringing material
> >>
> >> * ISP obligations to block access to websites that allegedly infringe
> or facilitate copyright infringement
> >>
> >> * Efforts to force intermediaries to disclose the identities of their
> customers to IP rightsholders on an allegation of copyright infringement.
> >
> > Incredibly, it gets worse:
> >
> >> If the copyright maximalists have their way, the TPP will include a
> “side-letter,” an agreement annexed to the TPP to bind the countries to
> strict procedures enabling copyright owners to insist material are removed
> from the Internet. This strict notice-and-takedown regime is not new—in
> 2004, Chile rejected the same proposal in its bi-lateral trade agreement
> with the United States. Without the shackles of the proposed requirements,
> Chile then implemented a much more balanced takedown procedure in its 2010
> Copyright Law, which provides greater protection to Internet users’
> expression and privacy than the U.S. Digital Millennium Copyright Act
> (DMCA)’s copyright safe harbor regime.
> >>
> >> Instead of ensuring due process and judicial involvement in takedowns,
> the TPP proposal encourages the spread of models that have been proven
> inefficient and have chilling unintended consequences, such as the HADOPI
> Law in France or the DMCA.
>
>
> --
> Kim Holburn
> IT Network & Security Consultant
> T: +61 2 61402408  M: +61 404072753
> mailto:kim at holburn.net  aim://kimholburn
> skype://kholburn - PGP Public Key on request
>
>
>
>
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-- 
John Hilvert