Saturday, July 3, 2010

The Anti-Counterfeiting Trade Agreement (ACTA)

ACTA

It looks like the Anti-Counterfeiting Trade Agreement (ACTA) will become law before long. This is a little unusual, because Congress will not pass or approve it. It's also unusual because its primary impact has nothing to do with counterfeiting and little to do with trade. Instead, ACTA will regulate the internet.

Even worse than putting the government in charge, ACTA in its current form will give organizations such as the recording industry (RIAA) and movie industry (MPAA) the indirect authority to shut down web sites and ban individuals from the internet.

Coincidentally, the RIAA and MPAA were involved in the development, drafting, and negotiations of ACTA. The U.S. Congress was not informed of the details of the negotiations, even when they asked for the information. Last year the White House said it would "damage the national security" if they released information on ACTA.

In addition, coincidentally, the RIAA and MPAA pay millions of dollars to U.S. politicians in campaign contributions. Also, coincidentally, these five attorneys have all represented the RIAA in the past decade:
Thomas Perrilli was appointed U.S. Associate Attorney General by Obama.

David Ogden was appointed Deputy Attorney General by Obama (he resigned last December).

Brian Hauck was appointed as counsel to the Associate Attorney General. Hauck's position is to serve as Perrelli's lawyer.

Ginger Anders was appointed as Assistant to Solicitor General Elena Kagan, who has been nominated for the Supreme Court.

Ian Gershengorn was appointed Deputy Assistant Attorney of the Civil Division of the Department of Justice.
These five also come from the same law firm, Jenner and Block. In fairness, most seem to be exceptional lawyers, and, more importantly, Ginger Anders is an excellent violin player.

Finally, a draft of the agreement has been made public, not by the U.S. Government, but by the European Union. The European Parliament voted 633 to 13 to demand the release of ACTA's text, while the U.S. Congress collected campaign contributions from the RIAA and MPAA and refused to make it public.

http://news.cnet.com/8301-13578_3-20003005-38.html

It seems odd for industry groups to be involved in passing what amounts to a major law affecting the majority of the people in the U.S., without even informing Congress of the content. As a "trade agreement," ACTA can and probably will become law by executive order, without Congressional approval.

http://news.cnet.com/8301-13578_3-20004450-38.html

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