The Fight for Internet Freedom is Not Over Yet
January 24th 2012
Protests erupt in Poland over ACTA and its wide-ranging global provisions While SOPA and PIPA might be on their way to the cutting-room floor after effective netroots action last week, these bills are not the only laws threatening an open Internet. Meet ACTA - the Anti-Counterfeiting Trade Agreement. Signed by the Obama administration last year (with no need for Congressional approval) the agreement encompasses not only the U.S. but most of the developed world including all of the EU, Switzerland, Japan and Brazil. With discussions held largely behind closed doors, only now are we finding out what this new acronym has in store for us; only now are the countries of Europe taking up arms - most recently in Poland. ACTA is an international copyright treaty with terms very similar to SOPA and PIPA regarding Internet freedoms, and the aim to create a new global IP enforcement institution. The legislation also appears to move beyond the Internet, cracking down on drug and food patents in a way some say threatens local farmers, food independence, and access to medication. The treaty has been widely criticized for its secret negotiations, bypassing national parliaments and the checks and balances in existing international organizations. What this means on the ground is that there are still so many unknowns and it is not nearly clear enough how the agreement will effect US laws. Sen. Ron Wyden (D, OR) questioned the power of the executive to enter into the agreement: It may be possible for the U.S. to implement ACTA or any other trade agreement, once validly entered, without legislation if the agreement requires no change in U.S. law…But regardless of whether the agreement requires changes in U.S. law … the executive branch lacks constitutional authority to enter a binding international agreement covering issues delegated by the Constitution to Congress' authority, absent congressional approval. It is possible, yes, that ACTA will not affect US law, but given the lack of transparency it is difficult to say anything for sure. It is also hard to assess how international cooperation and coordination on the issues discussed in ACTA might affect existing international laws and standards. As E.D. Kain comments for Forbes: "Probably the biggest problem with this trade agreement is how little we all know. There's something worrisome about governments pursuing these sorts of agreements behind closed doors - even if, at the end of the day, they don't actually effect existing US laws." If ACTA does turn out to look for the kind of changes in Internet governance suggested by SOPA and PIPA - whether in the U.S. or in Europe and the wider world - will the Internet resume its position at the front line? Related articles Poles protest ACTA online and on the streets (AP) Hashtag Power - Netroots Action Erodes Congressional Support for SOPA and PIPA (legallyeasy.rocketlawyer.com) Politics and the Netroots Protest Against SOPA and PIPA (podcast.rocketlawyer.com) Wikipedia and Reddit to Join Internet Strike Against SOPA (legallyeasy.rocketlawyer.com) {lang: 'ar'}