[LINK] itNews: 'Aust Govt defends against attacks on ACTA'

[Roger Clarke]

[According to the usually reliable reporter below, DFAT says ACTA 
would not infringe people's civil liberties, the freedom of the 
Internet or require ISPs to monitor activities of individuals.

[I've not done the hard yards of analysing the long series of drafts, 
let alone whatever the current iteration is.  But my impression was 
the *opposite* of what DFAT says.

[Have I suckered for anti-ACTA propaganda, or do we have public 
servants who lie through their teeth?]


Government defends against ACTA attacks
John Hilvert
Mar 19, 2012 4:02 PM (16 hours ago)
http://www.itnews.com.au/News/294195,government-defends-against-acta-attacks.aspx

The Department of Foreign Affairs and Trade (DFAT) has espoused the 
positive benefits of Australia ratifying the 
proposed Anti-Counterfeit Trade Agreement (ACTA) to a parliamentary 
committee.

DFAT trade policy assistant secretary George Mina told the committee 
that the ACTA did not overstep existing treaties and laws on 
copyright and intellectual property, and would in fact provide a 
higher level of certainty for Australians that do business in 
overseas markets.

"Activities that were legal before ACTA is ratified will be legal 
after ACTA is ratified," he said.

Mina said ACTA would not infringe people's civil liberties, the 
freedom of the Internet or require ISPs to monitor activities of 
individuals.

"There will be no censorship on the Internet or require ISPs to 
prevent copyright infringement or terminate their internet 
connections," he added.

Mena argued that Australian negotiators took note of concerns raised 
around ISP liabilities.

"There was a great deal of concern in our ISP community as to the 
potential impact of this on the safe harbour regime under our 
Copyright Act," Mina said.

"We spent a great deal of time with members of the Internet Industry 
and representatives of users concerned about the impact of this 
agreement on our legislative setup.

"I can also attest to the fact that there was a degree of 
satisfaction expressed by representatives of the Internet Industry as 
a result."

Mina said that 30 of the 37 countries negotating the ACTA agreed with 
the draft text of the treaty. At least six countries are required to 
ratify ACTA for it come into force, he said.

He played down reported accounts of concerns in some European 
countries about ACTA's impact on local laws.

"No country in the EU has made a definitive decision not to ratify 
ACTA," he said. "Some countries are pausing while they reflect 
further, is our understanding of the situation."

He said that the Australian Government worked hard to achieve a 
process that was transparent, inclusive and open, and that it 
involved more than 150 stakeholders.

Open to change

The Australian Digital Alliance (ADA) raised concerns before the 
committee that the ACTA assumed the current state of intellectual 
property laws was ideal and would only entrench them.

In response, Mina said the ACTA was written in broad and flexible 
terms and could accommodate IP reforms that Australians may wish to 
pursue.

He pointed to ACTA's Article 2 which states that each party to the 
treaty is free to determine the appropriate method of implementing 
the provisions of the agreement within its own legal system and 
practise.

A second round of hearings before the Joint Select Committee on 
Treaties is scheduled for Friday March 23.

Disclosure: John Hilvert was employed by the Internet Industry 
Association at the time of ACTA deliberations."


-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Faculty of Law               University of NSW
Visiting Professor in Computer Science    Australian National University