The Anti-Counterfeiting Trade Agreement, or ACTA, is a Multinational Treaty Agreement reportedly aimed at reducing the amount of Piracy of Intellectual Property in the World. On the surface, the idea seems like a fairly reasonable one: To stop "Pirates" from stealing the "Intellectual Property" of "Intellectual Property Owners" who are being unfairly victimized without adequate protection. Right and Righteous, no?
There are other countries potentially involved, but those are links to relevant Official Websites of the major Countries involved in the Agreement - at least as of this time. Oddly enough, the People's Republic of China, the largest Manufacturing Power in the World currently, does not seem to be lobbying to become a signatory on this agreement. I wonder why?
Could it be that so many of the complaints about Counterfeit Products that have Businesses have registered with individual Governments, and the World Trade Organization (WTO), are actually complaints against Chinese Companies?
So, if this "Trade Agreement" really does address the problems associated with Counterfeiting, and Intellectual Property Theft, what downsides could there possibly be in seeing it enacted by the participating Nations?
It appears that many of the Critics of ACTA are concerned about the possible Geopolitical Implications of ACTA. Concerns over spurious enforcement of Copyright Rights around the World appears to be only part of that concern. What really seems to have many concerned, including yours truly, is the potential this creates for the enactment of Laws enhancing the Powers of Private Companies to monitor the Internet activities of Individual Websites, and Individuals as well.
Groups like the Electronic Frontier Foundation have been working for some time to protect the Rights of users of the Internet. Ever since the Information Superhighway was created by Al Gore, [or whoever ACTUALLY created all its numerous components], many Famous People, Corporations, and Governments, have been trying to find ways to limit its scope, and uses.
Of late, the Internet has been credited with actually Toppling Political Regimes in places like Northern Africa, and aiding Protesters here in the EVER FREE United States. Is that a potential problem, however?
It is kind of curious to some of us that ACTA, which has actually been in the pipeline for some time now, is being pushed so strongly now by the United States. In the United States, SOPA (Stop On Piracy Act), and PIPA (Protect Intellectual Property Act), were two pieces of Legislation recently making their way through the House of Representatives and Senate, respectively. Both had strong support from Movie Industry Interests, and Artists' Unions. Both were Bills in support of Goals established during ACTA negotiations. Could it be that Hollywood has that much influence over National and International Priorities?
Surprisingly though, SOPA and PIPA lost support the day after Internet Powerhouses Google and Wikipedia, among others, staged an Online Blackout in protest of the two Bills. So, maybe Hollywood isn't the juggernaut that many blamed for the creation of SOPA and PIPA?
It would seem that multiple interests are involved in this issue of Intellectual Property Rights. Is the Protection of "Property Rights" actually the long term Goal here? Take a look at the Language used in an Article produced by the International Civil Liberties Group, IP Justice, back in 2008:
IP Justice referred to the idea of increased "Spying" on the part of Governments under ACTA. Now, think back to my earlier question about whether or not Internet usage contributing to toppling Governments is a problem. Do any questions of your own come into mind now?
Perhaps it might be best to think of this as a Public Interest versus Private Interest issue first. Freedom of Speech is not only a part of the United States Constitution's Bill of Rights, it is considered a Fundamental Right under numerous Treaties around the World, including International Equivalent Laws to the United States Uniform Commercial Code, which are in place around the World.
Much of the notion of Global Free Trade is based on the idea of Free Speech, and the Rights of Individuals to do Business without restriction. AND in the United States, that Corporations are "Persons" that have all the same Free Speech Rights as actual living breathing and non-immortal Human Beings. So, where does the Problem exist here?
Well, the trouble arises when we start trying to weigh Private Property Rights against General Public Interests. One pressing example is the concept of Water Rights. Can someone actually own something that occasionally just falls from the Sky? Apparently, the answer is "yes."
While the change in the Law mentioned in the Link above does expand the Rights of parties wishing to "Harvest Rainwater," it does so under strict guidelines. In essence, there are still circumstances under which you cannot put a bucket out and collect the Rain Water that just falls from the Sky. Private Interests and Public Interests are clearly at odds here. But how does this relate to ACTA?
Well, ACTA ultimately distills down to the same Public vs. Private Interests Conflict - if you believe the Framers of the Treaty. With an ever-increasing number of technologies available to Internet Users allowing them to share Information, do "Information Owners" have the Right to limit how and when that Information is used?
Here's where I get to be a huge Coward and say that I honestly have no idea WHERE to specifically land on this issue. People who produce Art, for example, really would like to earn a decent living from their efforts. They tend to earn far less when their works are "Pirated" by those with no respect for the effort it took to create them.
Sadly, I find myself smack dab in the middle of this issue, as both a Writer and Visual Artist. I want to earn enough money to Eat and Pay Bills from sales of my work. However, I am also extremely leery of Private Parties peering into my Internet Activities to make certain that I am not stealing their Intellectual Property.
My concerns go far beyond the issue of Public Good vs. Private Rights, however. I am very concerned with the idea that, under the guise of looking for "Pirates," Private Companies and Governments might also pay attention to Political Speech and Activities as well. This potential has not been as widely discussed, but it would stand to reason that the Slippery Slope concept relative to impediments to Free Speech would apply to ACTA as well.
Since each Nation is free to interpret ACTA implementation under their own Laws because this is an International Treaty, the potential for abuse is actually quite large. SOPA and PIPA are two ACTA related Bills that appeared in the United States. This is the same United States that suspended many Civil Liberties under the Patriot Act, after the 9/11 Incident. And arguably few, if any, of the major Liberties suspended under the Patriot Act have been returned to American Citizens to date.
So, is it wise to trust that ACTA related Laws will always STOP short of violating Constitutionally Protected "Privacy"? As I mentioned before, less discussion has taken place in public forums about potential Political and Civil Rights abuses related to ACTA related Laws like SOPA and PIPA, than about Privacy or Property Rights. I find that, in itself, to be extremely alarming.
When the File Sharing Giant Megaupload was recently shut down around the World, and its Headquarters in New Zealand raided, most Commentary about the incident centered on "Intellectual Property Rights," not potential Political issues related to the seizures.
What I would like to know is if any of the Information being stored on Megaupload servers might actually belong to parties hostile to United States interests? If that particular Corporation was one used widely by legal Militias, Anti-Corporate Groups, or Political Activists, or similar groups for Cloud Access to Files, then THAT might actually be of interest to Human and Civil Rights Groups.
If protecting Intellectual Property Rights is the sole issue of interest in formulating and enacting ACTA, then why isn't China involved? The United States Trade Representative has a "Priority Watch List" of Countries that they apparently feel are most responsible for failing to police Piracy within their Borders. Why not simply ask those Nations to agree to police such activities under their own Laws, rather than trying to negotiate International Treaties that might require Countries to engage in practices that could potentially violate their own Civil Rights Laws? Hmm . . .
Well, I can see why discussing this issue with China, whom we owe a Trillion Dollars in Loans to, might be a bit tricky to address diplomatically. While they have been on that list for seven straight years, we DO actually owe them a lot of Money, which we apparently are currently unable to repay. Oh, and there was even mention of borrowing more Cash from China to pay for Wars, Tax Cuts, and other stuff we can't live without.
So, is ACTA then the only way to deal with Piracy, and "Protection of Intellectual Property Rights"? Well, actually it is not. One of the avenues open to Corporations and Individuals concerned with protection of their respective "Property Rights," is Better Security. There are actually some fairly good methods available to prevent Internet-Based Information theft, but this path is actually more expensive, and would likely cut into the Profits of Corporations that like seeing their Products placed everywhere on the Internet - for easy access.
Some of these methods are actually a bit more complex, and would make it more difficult for potential customers to gain access to their Products. This might cut into sales as well, and cost Companies' profits in that manner as well.
Oddly though, when Brick and Mortar Small Businesses get robbed frequently, their are usually told by local Law Enforcement to "Get Better Security," or "Move." Loss Prevention is usually the responsibility of the Business, not the People of the Nation where the Business Operates. For those Businesses, we call this the "Cost of Doing Business." If they cannot afford it, they usually go out of Business.
If Sears were to start patting down and body searching every customer entering and/or leaving their stores, Human and Civil Rights Advocates would be all over it. For certain, Sears would suffer a huge drop in Business, with many customers leaving in absolute disgust. In the Bizarro Corporate Controlled Reality of Cyberspace however, we try to pass laws to allow that very thing to happen on a Worldwide Scale. Go figure.
So, we should probably also be at least little concerned as Internet Users, [you are an Internet User, or you would not be reading this] that Treaties like ACTA, along with Bills like SOPA and PIPA, might actually open up a window for abuse of our Political Rights. Even if we have trust that our Presidents, Prime Ministers, Premiers, or whomever are basically good and decent people, we would have to be true Fools to believe that all their subordinates are as well.
So, when we hear Government Officials telling us not to be concerned that they might be snooping around via Private Companies, or that they might shut down Websites without Due Process, we should really be very concerned. Because while I may not be entirely certain about how to deal with the issue of Intellectual Property Theft overall, I am CERTAIN that giving Private Companies Policing and Censorship Rights, as well as expanding Government authority to monitor our Online Activities, IS NOT a good solution. Peace and Compassion to you.
Peace and Compassion to you.
Jeffrey
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