Today, that all changed as the countries behind ACTA finally released a consolidated draft text (PDF) of the agreement. Though billed as a "trade agreement" about "counterfeiting," ACTA is much more than that: it's an intellectual property treaty in disguise.

Two key points need to be made here, however. First, the entire ISP safe harbor is conditioned on the ISP "adopting and reasonably implementing a policy to address the unauthorized storage or transmission of materials protected by copyright." (This is much like existing US law.)

ACTA would ban "the unauthorized circumvention of an effective technological measure." It also bans circumvention devices, even those with a "limited commercially significant purpose." Countries can set limits to the ban, but only insofar as they do not "impair the adequacy of legal protection of those measures." This is ambiguous, but allowing circumvention in cases where the final use is fair would appear to be outlawed.

http://arstechnica.com/tech-policy/news/2010/04/acta-is-here.ars