Documents passed to Wikileaks have revealed the extent of an international
copyright treaty being formulated by the US, EU, Canada, Japan and Australia.
The Anti-Counterfeiting Trade Agreement (ACTA) is not yet in force, but is
aimed at cutting down on the distribution of unlicensed material.
Suggestions include tougher sentences for distributing material without
making a profit, and using regular law enforcement officials to enforce the
rights of intellectual property holders.
The proposed treaty would remove the current distinction under many national
laws between people who profit from intellectual property theft and those who do
not.
This would mean that sites offering BitTorrent feeds, for example, could be
prosecuted even if they do not profit from the material.
If Hollywood could order intellectual property laws for Christmas what would they look like?
David Fewer University of Ottawa
More worryingly the treaty suggests that customs officers should be given the
right to search laptops and media players for pirated material.
Such officers would be able to confiscate and destroy anything they believe
to be pirated, fine the owner and confiscate the equipment.
"If Hollywood could order intellectual property laws for Christmas what would
they look like? This is pretty close," David Fewer, staff counsel at the
University of Ottawa's Canadian Internet Policy and Public Interest Clinic, told
Canada.com.
"The process on ACTA so far has been cloak and dagger. This certainly raises
concerns."
In addition ISPs could be forced to hand over customer account details
without a court order and solely on the say-so of the intellectual property
holder. This measure may breach the European convention on human rights.
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