Shortly after the SOPA blackout, I became aware of ACTA–the Anti-Counterfeiting Trade Agreement. This is a treaty, negotiated in secret among various nations, whose ostensible purpose is to protect copyright. I then started hearing about the Trans-Pacific Partnership, or TPP, purported to be even worse.
Despite the fact that many people are only now hearing about ACTA and TPP, these treaties have been around for awhile.
In a move that completely flouts the open style of government he claims to support, President Obama signed ACTA back in October, without getting public or legislative approval. Australia, Canada, Japan, South Korea, Morocco, New Zealand, and Singapore also signed at that time. Many countries in the EU signed the agreement in Tokyo two days ago, but EU countries can still fight the ratification procedure. Here in the US, it’s currently unclear if what Obama did is constitutional, or whether the treaty must be approved by Congress.
- Michael Geist has the best information I’ve found on what ACTA means and what people can do.
- Here is some good information on ACTA from ReadWriteWeb.
- Here is an out-of-date but still informative fact sheet on ACTA from the Electronic Frontier Foundation.
Meanwhile, there’s the TPP, whose purpose, among myriad other things, seems to be to cover all the digital copyright stuff that was negotiated out of ACTA. Here is more information on the TPP from TechDirt, which has been following its evolution as best as you can follow the evolution of something being developed in near-absolute secrecy. Here’s a slightly dated rundown by the EFF. Most terrifying, given that like ACTA this treaty is being negotiated by people who are not our elected representatives, is this:
All signatory countries will be required to conform their domestic laws and policies to the provisions of the Agreement.
So basically these people, with no transparency, no input from citizens or democratically-elected officials, are rewriting global laws?
Just whose purposes are being served here?
E.D. Kain at Forbes has a discussion of how ACTA has evolved and how TPP continues to be developed in secret. Here’s a line that struck home with me–it’s an obvious allusion to the 2012 National Defense Authorization Act.
If lawmakers start baking restrictive IP laws into larger bills – maybe stitching them into defense funding bills, for instance – it may become increasingly difficult to see what’s happening.
The NDAA included a rider authorizing the indefinite detainment of US citizens by the military without trial. Attaching this egregious infringement of Constitutional rights as a rider on the military budget essentially held all military personnel and employees hostage; unsigned, it would have left them without any money as the new year started. The choice ended up being “unpaid soldiers” or “loss of liberty, with a note saying we promise never to actually do this”. The latter was chosen. (The author of this piece would say I’m being too generous to the president. Maybe I am. Time will tell.)
Obviously, riders are one effective way to get something passed that wouldn’t normally pass, and as Kain points out, this will surely be a tactic used in future intellectual property fights. But ACTA and the TPP bypass legislation completely, and they are shrouded in secrecy. We barely even know what’s going on before it’s happening to us.
If you’re interested in taking action on these issues, here are a few links that might help.
- The EFF has a page that will help US citizens contact their lawmakers about TPP.
- TPP Watch has a page on what people outside the US can do about TPP.
- Regarding ACTA, I once again recommend Geist’s article.
One thing that seems evident is that these treaties, developed in secret and intended to alter intellectual property law across the globe, are being backed by major copyright holders. Big corporations. The entertainment industry, to be blunt. I’ve already written on what I think they should be doing rather than trying to change the law to protect their dying business practices, but perhaps I was being too charitable. That they have wormed their way this far into not only our government, but governments around the world, is unconscionable.
I’ve heard that some are planning a complete media boycott for the month of March, to hit the proponents of this sort of legislation where it really hurts. Honestly, I’m not sure a month-long mass boycott is as plausible as a day-long internet blackout, but it certainly seems like the right strategy against executives who seem to only understand money.
Could you go a whole month without buying entertainment from big companies? No cable, no Netflix, no movie dates, no iTunes…heck, maybe a month off might prove which services you actually need and which ones you don’t even miss. And you could take the opportunity to discover some independent creators, people who just make good stuff and make it easy for people to buy it.
It could work. You could save some money. You could directly benefit actual content creators instead of middlemen. And you might help get big entertainment companies out of our government.
What do you think?