[Michael Geist] EU ACTA Analysis Leaks: Confirms Plans For Global DMCA, Encourage 3 Strikes Model

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The European Commission analysis of ACTA’s Internet chapter has leaked, indicating that the U.S. is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law (the EC posted the existence of the document last week but refused to make it publicly available). The document contains detailed comments on the U.S. proposal, confirming the U.S. desire to promote a three-strikes and you’re out policy, a Global DMCA, harmonized contributory copyright infringement rules, and the establishment of an international notice-and-takedown policy. […]

In summary, the EU analysis confirms the earlier leak (though the Internet chapter has seven sections, rather than five). The fears about the U.S. intent with respect to ACTA are confirmed – extending the WIPO Internet treaties, creating a Global DMCA, promoting a three-strikes and you’re out model, even stopping efforts to create interoperability mandates. […] This begs the question of whether the Department of Foreign Affairs negotiation mandate letter really goes this far given the domestic changes that would be required. This latest leak also reinforces the need for all governments to come clean – releasing both the ACTA text and government analysis of the treaty should be a condition of any further participation in the talks.

http://www.michaelgeist.ca/content/view/4575/125/