President Obama's team has blocked access to the forthcoming
Anti-Counterfeiting
Trade Agreement (ACTA) copyright treaty by declaring it a national security
issue.
The treaty, which seeks to establish global rules on copyright, is currently
being hammered out in extreme secrecy by representatives of Australia, Canada,
the EU, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and
the US.
The Bush administration
consistently
refused to hand over details of the negotiations and the proposed changes it
will bring. However,
documents
given to Wikileaks suggest that companies and governments will get sweeping
new powers to search and seize material deemed in breach of copyright.
It had been hoped that the Obama administration would be a little more open
about the negotiations, but it has proved even more secretive and has turned
down a Freedom of Information (FoI) request to view papers related to ACTA on
the ground that they are "classified in the interest of national security
pursuant to
Executive
Order 12958".
"Throughout our history, the national interest has required that certain
information be maintained in confidence in order to protect our citizens, our
democratic institutions and our participation within the community of nations,"
reads the Executive Order. "Protecting information critical to our nation's
security remains a priority."
The FoI request was filed by Jamie Love, director of the non-profit
Knowledge
Ecology International (KEI), who is disappointed at the stance taken by the
government, particularly as draft copies of the classified paperwork are already
in wide circulation among members of the technical and entertainment industries
and corporate lobbyists.
Love has written to the White House asking it to change its stance and to
release details of what is being negotiated and how individual privacy rights
will be reconciled with the need to cut down on piracy.
"I'm not sure if this is the best 'ask' in terms of transparency, and we have
suggested to other non-governmental organisations that we formulate a joint
position on the transparency of the ACTA negotiations," he wrote on the
KEI
blog.
"We also want to develop a more coherent 'ask' for transparency of the
various bilateral trade negotiations currently undertaken by the US, EU and many
other trading partners (see
Bilaterals.org
for an impressive list of such negotiations).
"I think we are at a point where we need to think more systematically about
issues of transparency to deal with the growing democracy deficit in global norm
setting. Suggestions to the appropriate policies on transparency are
appreciated."
The EU, which is heavily involved in the negotiations, has
attempted
to reassure citizens following the case that the new laws being proposed
will not affect civil liberties.
However, this has not reassured its own parliament, which has just passed a
resolution
demanding
that the documents be revealed.
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