[Infowarrior] - Copyright deal could toughen rules governing info on iPods, computers

[Richard Forno]

Copyright deal could toughen rules governing info on iPods, computers

http://www.canada.com/topics/technology/science/story.html?id=ae997868-220b-4dae-bf4f-47f6fc96ce5e

Vito Pilieci
Canwest News Service

Monday, May 26, 2008

CREDIT:

OTTAWA - The federal government is secretly negotiating an agreement  
to revamp international copyright laws which could make the  
information on Canadian iPods, laptop computers or other personal  
electronic devices illegal and greatly increase the difficulty of  
travelling with such devices.

The deal could also impose strict regulations on Internet service  
providers, forcing those companies to hand over customer information  
without a court order.

Called the Anti-Counterfeiting Trade Agreement (ACTA), the new plan  
would see Canada join other countries, including the United States and  
members of the European Union, to form an international coalition  
against copyright infringement.

The agreement is being structured much like the North American Free  
Trade Agreement (NAFTA) except it will create rules and regulations  
regarding private copying and copyright laws.

Federal trade agreements do not require parliamentary approval.

The deal would create a international regulator that could turn border  
guards and other public security personnel into copyright police. The  
security officials would be charged with checking laptops, iPods and  
even cellular phones for content that "infringes" on copyright laws,  
such as ripped CDs and movies.

The guards would also be responsible for determining what is  
infringing content and what is not.

The agreement proposes any content that may have been copied from a  
DVD or digital video recorder would be open for scrutiny by officials  
- even if the content was copied legally.

"If Hollywood could order intellectual property laws for Christmas  
what would they look like? This is pretty close," said David Fewer,  
staff counsel at the University of Ottawa's Canadian Internet Policy  
and Public Interest Clinic. "The process on ACTA so far has been cloak  
and dagger. This certainly raises concerns."

The leaked ACTA document states officials should be given the  
"authority to take action against infringers (i.e., authority to act  
without complaint by rights holders)."

Anyone found with infringing content in their possession would be open  
to a fine.

They may also have their device confiscated or destroyed, according to  
the four-page document.

The trade agreement includes "civil enforcement" measures which give  
security personnel the "authority to order ex parte searches" (without  
a lawyer present) "and other preliminary measures".

In Canada, border guards already perform random searches of laptops at  
airports to check for child pornography. ACTA would expand the role of  
those guards.

On top of these enforcement efforts, ACTA also proposes imposing new  
sanctions on Internet service providers. It would force them to hand  
over personal information pertaining to "claimed infringement" or  
"alleged infringers" - users who may be transmitting or sharing  
copyrighted content over the Internet.

Currently, rights holders must collect evidence to prove someone is  
sharing copyrighted material over the Internet. That evidence is then  
presented to a judge who issues a court order telling the Internet  
service provider to identify the customer.

The process can produce lengthy delays.

It is expected the new agreement will be tabled at July's meeting of  
G8 nations in Tokyo, Japan.

Fewer has been following the progress of ACTA and has exhausted every  
avenue at his disposal to gain insight into its details.

He said Friday's leak of a "discussion paper" which outlines the  
priorities of the agreement is the first glimpse anyone has into ACTA.

"We knew this existed, we filed an Access to Information request for  
this but all it provided us with was the title. All the rest of it was  
blacked out, " he said. "Those negotiations can take place behind  
closed doors. At the end of the day we may be provided with something  
that has been negotiated which is a `fait accompli' in which civil  
society gets no opportunity to critique it."

Fewer expressed concerns about the part of the proposal that calls for  
ACTA to operate outside of accepted international forums such as the  
World Trade Organization (WTO), the World Intellectual Property  
Organization (WIPO) or the United Nations.

In the discussion paper, it is proposed ACTA create its own governing  
body and be overseen by a committee made up of representatives from  
member nations.

"This initiative is unprecedented," he said.

The ACTA discussion paper was leaked online by Sunshine Media, the  
company that runs the Wikileaks.org website - a whistleblowing website  
created to help circulate secret documents.

In October, International Trade Minister David Emerson announced  
Canada would participate in ACTA's creation. The initiative was  
originally aimed at stopping large-scale piracy, such as printing  
operations that make thousands of copies of movies that are still in  
theatres.

"We are seeking to counter global piracy and counterfeiting more  
effectively," said Emerson at the time. "This government is working  
both at home and internationally to protect the intellectual property  
rights of Canadian artists, creators, inventors and investors."

The new document is reported to be drafted by the Office of the United  
States Trade Representative.

A spokeswoman with the office refused to comment on the leaked  
document and directed all questions about ACTA to a short information  
circular about the initiative.

Michael Geist, Canada research chair of Internet and E-commerce law at  
the University of Ottawa and expert on Canadian copyright law, blasted  
the government for advancing ACTA with little public consultation.  
Geist said documents detailing ACTA's plans would not need to be  
leaked online if the process was open and transparent.

"That's what happens when you conduct all of this behind closed  
doors," he said. "The lack of consultation, the secrecy behind it and  
the speculation that this will be concluded within a matter of months  
without any real public input is deeply troubling."

Fewer and Geist said, once Canada signs the new trade agreement it  
will be next to impossible to back out of it.

In a situation similar to what happened in the Softwood Lumber trade  
dispute, Canadians could face hefty penalties if it does not comply  
with ACTA after the agreement has been completed.

The Department of International Trade did not respond to repeated  
requests for comment.


© CanWest News Service 2008