[Infowarrior] - New ACTA Leak: U.S., et.al Do Not Support Transparency

[Richard Forno]

New ACTA Leak: U.S., Korea, Singapore, Denmark Do Not Support  
Transparency
Thursday February 25, 2010

http://www.michaelgeist.ca/content/view/4819/125/

Throughout the debate over ACTA transparency, many countries have  
taken public positions that they support release of the actual text,  
but that other countries do not.  Since full transparency requires  
consensus of all the ACTA partners, the text simply can't be released  
until everyone is in agreement.  Of course, those same countries  
hasten to add that they can't name who opposes ACTA transparency,  
since that too is secret.

No longer. In an important new leak from the Netherlands (Dutch,  
Google English translation), a Dutch memorandum reporting back on the  
Mexico ACTA negotiation round names names, pointing specifically to  
which countries support releasing the text and which do not (note that  
the memo does not canvass everyone - Australia, and New Zealand are  
known to support transparency but are not named in the memo).   
According to the Dutch memo, Canada has played a lead role in making  
the case for full disclosure of the documents.  Within Europe, the UK  
has been actively pushing for transparency and is of the view that  
there is consensus for release of the text (there is support from many  
countries including the Netherlands, Sweden, Finland, Ireland,  
Hungary, Poland, Estonia, and Austria).  However, the memo indicates  
that several countries are not fully supportive including Belgium,  
Portugal, Germany, and Denmark.  Of these four countries, the Dutch  
believe that Denmark is the most inflexible on the issue.

Outside of the Europe, the memo identifies three problem countries.   
While Japan is apparently supportive, both South Korea and Singapore  
oppose ACTA transparency.  Moreover, the U.S. has remained silent on  
the issue, as it remains unconvinced of the need for full disclosure.   
In doing so, it would appear that the U.S. is perhaps the biggest  
problem since a clear position of support might be enough to persuade  
the remaining outliers.

The memo also provides additional new information on the substance of  
the Mexico meeting.  It confirms that countries are still not willing  
to make significant concessions.  The countries are closing in on  
agreement on the border measures chapter, but are finding  
disagreements on civil enforcement due to differing legal systems.   
There is still no agreement on transit shipments or exports, nor on  
the scope of the treaty (EU continuing to push for broader coverage).

This is an important leak, since it provides at least one perspective  
on who remains a barrier to ACTA transparency.  Given the information,  
Canadians should be pleased with the position taken by its government,  
while those in the U.S., South Korea, Singapore, Belgium, Portugal,  
Germany, and Denmark should be demanding answers from their leaders.