JDPFu.com 2025

I’m against portions of this draft, not all of it. OTOH, the contents of this treaty have been attempted before in many countries, through treaty and local laws. Previous attempts failed because some of the previously included clauses were particularly nasty. The clauses that concern me are:

1. Currently civil penalties are used. Under this treaty, the penalties are criminal.
2. ISPs get a safe harbor, but only if they take steps to prevent unauthorized storage or transmission of materials protected by copyright. In many locations, that is being called the 3 strikes clause, to cause ISPs will disconnect users from the internet for life after three copyright items have been transmitted. It was included in earlier versions, but public outcry appears to have removed it. There was no due process included either. The status of that clause is unknown, but it required ISPs to take steps even if nothing has been proven or no court order has been presented. There was no appeals process mentioned either.
3. Fair use is not specifically included. Further, any equipment or methods to allow for fair use become illegal to own, produce, etc … If fair use isn’t allowed AND supported, I don’t want any part of this or any similar law.
4. Boarder Searches – eh, in the USA, this is already allowed. What is less clear is how any boarder guard will be able to tell the difference between infringing works and non-infringing works? I’ve converted my entire 2,000+ audio CD collection into MP3 files. It took me over a year to accomplish. When I travel, I take a few of them on a portable device. Clearly non-infringing in a country with Fair Use, but what happens if I enter a country that signs the ACTA treaty, but doesn’t have a Fair Use law/clause? What happens to you, your sister, your children?
5. measures, procedures, and remedies shall also be fair and proportionate., but who decides that?

This current attempt has been performed in closed, secret sessions for over 2 years, it really began in 1996 when the media companies didn’t get everything they wanted in the DMCA. Only due to recent public outcry across the world by technologist has the most recent treaty draft been published at all. Please do what you can to stop this back handed method to force undesirable laws across the world without public knowledge when we already have processes to create laws in our countries where we can hold the law makers accountable.

To me the question is, do we want a few media corporations setting criminal laws for the world OR do we want laws enacted that are unnecessary and help only a few specific companies. In countries where copyrights are not protected, I think that small portion of the act/treaty/law is a good thing. In countries where copyrights ARE already protected, what is the point?

Copyright infringement is already illegal in my country, the USA, so what does this law/treaty really accomplish?