Another week, another attack on the web…

A couple of weeks ago, on the day of the web blackout, I put a post up here about SOPA and PIPA, the two acts planned to be passed by the US government with the potential to cripple  the web as we know it. Happily, in the space of 3 days the bill was all but dead and buried- a resounding success from the internet community.
However, the web is still a problem child to  many big corporations, and SOPA was far from the last time we’re going to see the copyright brigade try to attack it. I heard the other day of another threat looming on the horizon- this time called ACTA (Anti-Counterfeiting Trade Agreement).
Unlike SOPA or PIPA, ACTA is an international affair, being discussed in the worldwide halls of power- some have criticized it, in Europe at least, for being discussed by non-elected figures, but that’s another story. It’s actually a lot older than SOPA or PIPA- it was first put forward in 2006, first drafted in 2010, and was published in April 2011. ACTA’s aim is, once again, to deal with copyright infringement, this time by dealing with intellectual property rights. Like SOPA and PIPA, the problems it is setting out to deal with are real ones- intellectual property theft (or stealing/using someone else’s idea without permission) is a sneaky and underhand way of muscling into someone else’s market and making a quick buck out of someone else’s work. However, there is one gigantic problem standing in the way of this kind of bill ever being a good idea- the concept of intellectual property itself.
Intellectual property is notoriously hard to define- the OED lists it as “intangible property that is the result of creativity, such as patents, copyrights, etc…” because once it reaches this legally defined stage it clearly is. But there is no real distinction of exactly where the boundary of where IP starts begins. Is it when you first have the idea for a product? Is it when you first commit something to paper? Is it only when it has been filed, patented and copyrighted- where is the boundary? As such, any scale of idea can be thought of, without really stretching a point to0 far, as intellectual property. And ACTA does not introduce its own definition of intellectual property, meaning it is ripe for exactly the same kind of legal misuse as SOPA and PIPA could have been. The sharing of any information can technically be classed as intellectual property- spreading an idea that is technically somone else’s, without paying for the privilege. Of course, it is the web that would be hit hardest by the potential of ACTA to restrict the transfer of information, as this is, basically, what keeps the web running (see my SOPA/PIPA post for more details on the subject). This restriction on what can be said and shared means ACTA has been accused, most notably by the European Parliament, of potentially restricting people’s right to free speech and freedom of expression.
Like SOPA and PIPA, ACTA also grants hugely overblown powers and capabilities to countries, companies and governments attempting to enforce it- these include massively increasing the amount of surveillance permitted to be conducted on everyday people (violating your civil rights this time- people have a fundamental right to reasonable privacy), allowing the destruction of copyright-violating goods (one of the more worrying parts of the bill is that this could include generic medicines, versions of a medicine whose patent rights have expired, granting yet more power to an already selfish pharmaceutical industry), and introducing harsh punishments for violating ACTA regulations, including fines and prison sentences- the bill does not define how much or for how long these should be, which is a sign that it has not been comprehensively thought through- the power to decide what criminal charges should be applied is given to the copyright holder.
And, again like its predecessors, ACTA puts a huge onus on websites to check that they are not harbouring any copyrighted material unintentionally- this means that Google will have to continually check its servers to ensure that it is not being used as a conduit for reading copyrighted information, and that Facebook will always have to check that none of the videos being posted on it are playing copyrighted music. And then, of course, sites like YouTube, wholly reliant as they are on user-generated content, would simply implode and collapse.
But ACTA’s problems are not just repeats of SOPA and PIPA- it brings its own set of flaws to the table. Collaboration between scientists to work on improving patented medicines? No way- the big pharma would never allow it. Critics quoting lines in books and films? No- easy source of income for book and film publishers to snap up. Basically any work on an existing idea that has any connection with someone who is likely to abuse the powers ACTA gives them would be off limits- as usual in these kind of bills, the only people who benefit are big corporations who are looking to remove this pesky internet thing that keeps getting in the way.
And the worst thing? It’s already on its way. ACTA was signed last October by a large group of countries (although it has not yet been ratified by most of them), and the only countries who have complained or protested about it are a few in Eastern Europe, most notably Poland. It has slipped under the radar for most people, because it’s all been done secretively, without coming to the public attention. ACTA is dangerously close to slaughtering the web, along with bringing a whole host of other flaws with it, and unless something happens to prevent it, the proverbial shit is going to hit the fan.

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