[x-pubpol] White House IP czar: anti-piracy laws should not block free speech

[Joly MacFie]

http://arstechnica.com/tech-policy/news/2012/04/white-house-ip-czar-anti-piracy-laws-should-not-block-free-speech.ars

The White House's Annual
Report<http://www.whitehouse.gov/sites/default/files/omb/IPEC/ipec_annual_report_mar2012.pdf>
on
Intellectual Property Enforcement is out, and there are some encouraging
words in the 130-page document. The policy compendium reiterates what the
Obama Administration declared in
mid-January<http://arstechnica.com/tech-policy/news/2012/01/obama-administration-joins-the-ranks-of-sopa-skeptics.ars>
when
pressed to take a position on the Stop Online Privacy Act.

Back then, the White House announced itself a SOPA skeptic. Apparently, it
still is. "Online piracy is a serious problem," says US Intellectual
Property Enforcement Coordinator Victoria A. Espinel, but the
administration "will not support legislation that reduces freedom of
expression, increases cybersecurity risk (including authority to tamper
with the DNS system), or undermines the dynamic, innovative global
Internet."

And the Annual Report emphasizes the importance of openness in making IP
policy decisions. "The IPEC continues to encourage improved transparency in
intellectual property policy making," the survey insists. The Coordinator
maintains an "open door" policy, and consults with "hundreds of
stakeholders, large and small, across a broad range of sectors in
developing and implementing the Administration's strategy for intellectual
property enforcement."
Confidential groups

This is a refreshing statement, if the US really means it. We didn't see a
lot of that open door spirit in recent negotiations over the Trans-Pacific
Partnership<http://arstechnica.com/tech-policy/news/2011/03/son-of-acta-meet-the-next-secret-copyright-treaty.ars>
(TPP).
It's a multilateral deal that would extend Digital Millennium Copyright Act
dogma on digital lock rules and subscriber disconnection policy to a dozen
or so countries in South East Asia.

Recent talks on the agreement, held at a West Hollywood hotel, were so
hush-hush<http://arstechnica.com/tech-policy/news/2012/02/beyond-acta-next-secret-copyright-agreement-negotiated-this-weekin-hollywood.ars>
that
opponents of the deal couldn't even book a "public interest briefing" at
the venue. "We have a confidential group in house and we will not be
allowing any other groups in the meeting space that day," a hotel attendant
told them.

The document also celebrates another controversial trend in IP enforcement
policy—basically letting Hollywood, ISPs, credit card companies, and
advertisers define the parameters of copyright via "voluntary" agreements.

Here's how the report puts the development:

The IPEC continues to facilitate and encourage dialogue among the different
private sector entities that make the Internet function. As an
Administration, we have adopted the approach of encouraging the private
sector (including ISPs, credit card companies, and online advertisers) to
reach cooperative voluntary agreements to reduce infringement that are
practical, effective, and consistent with protecting the legitimate uses of
the Internet and our commitment to principles of due process, free speech,
fair use, and privacy.

The survey also emphasizes gleaning data on IP problems from the private
sector:

Rightholders are an excellent resource for information regarding their own
products and it is important that the Federal government and rightholders
work together to more efficiently protect intellectual property rights.
Obtaining the assistance of rightholders to help determine whether goods
are infringing is critical. The IPEC will continue to support and encourage
communication and information sharing efforts between enforcement agencies
and rightholders.

Despite the "protecting legitimate use" language cited above, critics worry
about this strategy for copyright enforcement.

"We remain extremely wary," reacts Public Knowledge's John Bergmayer to the
document, "of the reliance the report places on information regarding
copyright industries as a source of information regarding infringement.
Particularly in cases involving fair use, rights holders have not shown
themselves to be reliable judges of infringement."


<snip>



-- 
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Joly MacFie  218 565 9365 Skype:punkcast
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