[Battlemesh] ACTA

[Moritz Bartl]

Hi Federico,

The main problem with ACTA is that it is an agreement discussed behind
closed doors. The agreement itself is only empty phrases with no actual
meaning. Thus, it is very hard to judge for anyone if it affects them.
The more detailed discussions are not public, and most parliaments
signing the agreement have no clue what they're actually signing.

What you are writing is NOT TRUE, in the sense that the agreement itself
does not say anything. The most relevant paragraph for this discussion
probably is Section 5, Article 27, Paragraph 4:

4. A Party may provide, in accordance with its laws and regulations, its
competent authorities   with   the   authority   to   order   an
online   service   provider   to   disclose expeditiously  to  a  right
 holder  information  sufficient  to  identify  a  subscriber  whose
account was allegedly used for infringement, where that right holder has
filed a legally sufficient  claim  of  trademark  or  copyright  or
related  rights  infringement,  and  where
such information is being sought for the purpose of protecting or
enforcing those rights.  These procedures shall be implemented in a
manner that avoids the creation of barriers to legitimate activity,
including electronic commerce, and, consistent with that Party’s
law, preserves fundamental principles such as freedom of expression,
fair process, and privacy.

There is NOTHING inside the ACTA agreement that specifically includes
liability for ISPs. These passages have been discussed, but not included
in the actual agreement. I agree that you cannot be sure that they did
not decide on doing that anyway "behind closed doors", but it's hard to
argue.

On 12.02.2012 11:36, Federico Capoano wrote:
> What do you think about ACTA? Does it threathen also wireless
> communities? I think the answer is yes since some of us are Autonomous
> Systems with our own ip addresses, so if the treaty won't be rejected we
> will become responsible for what everyone that connects to our network
> (even random people from open 2.4 ghz hotspots) will do. We will have to
> log everything included names of who connects (something that many of us
> are completely against) and if we wouldn't do it we would be considered
> responsible for copyright violations or any other crime accusation they
> will come up to. The very worrying thing is that all this will happen in
> an extrajudicial process. They want to form an "ACTA committee" that
> will be in charge of interpreting and implementing the treaty,
> everything behind closed doors.
> 
> I wanted to know what are you doing in other countries. Here in Italy I
> wrote a post on my blog and I diffused the information as much as I
> could but it seems there hasn't been much interest in doing something
> against this treaty, mainly because there has been very little
> information, most of the people are completely unaware of this.
> 
> I've seen in northern european countries there was quite a lot of action
> and protesting. I'm very happy of that.
> 
> 
> *Federico Capoano*
> Web Designer & Web Developer
> Portfolio/Blog: nemesisdesign.net <http://nemesisdesign.net>
> Twitter: @nemesisdesign <http://twitter.com/nemesisdesign/>
> PGP Key ID: 308BD46E
> 
> 
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-- 
Moritz Bartl
https://www.torservers.net/