[x-pubpol] 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

[Joly MacFie]

Cory Doctorow boing boings EFF story

http://boingboing.net/2012/08/25/leaked-tpp-the-son-of-acta-w.html

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.


Original article:
https://www.eff.org/deeplinks/2012/08/tpp-creates-liabilities-isps-and-put-your-rights-risk
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