An anonymous reader writes "As negotiations in the 7th round of the Anti-Counterfeiting Trade Agreement talks continue this week in Mexico, Michael Geist has been posting a comprehensive guide to the secret copyright treaty. He started with a review of the substance of the treaty, then posted links to all the leaked documentation, and has now unpacked the secrecy associated with the talks, including why governments have made it secret, the public concern, and why this isn't business as usual."

inKubus writes "According to a story carried by AP, as part of President Barack Obama's 'Open Government Directive,' the 24 major departments and agencies that make up the executive branch of the federal government had until Friday to release at least three 'high-value' data sets. Over 300 new data sets have been released on data.gov. There's a lot of interesting stuff on there and more to come." One of the departments required to release data is the office of the US Trade Representative. Wouldn't it be nice if they posted the ACTA negotiating drafts?

Several sources are reporting on a Google event this week that attempted to bring some transparency to the Anti-Counterfeiting Trade Agreement (ACTA) that has so far been treated like a "shameful secret." Unfortunately, not many concrete details were uncovered, so Ars tried to lay out why there has been so much secrecy, especially from an administration that has been preaching transparency. "The reason for that was obvious: there's little of substance that's known about the treaty, and those lawyers in the room and on the panel who had seen one small part of it were under a nondisclosure agreement. In most contexts, the lack of any hard information might lead to a discussion of mind-numbing generality and irrelevance, but this transparency talk was quite fascinating—in large part because one of the most influential copyright lobbyists in Washington was on the panel attempting to make his case. [...] [MPAA/RIAA Champion Steven] Metalitz took on three other panelists and a moderator, all of whom were less than sympathetic to his positions, and he made the lengthiest case for both ACTA and its secrecy that we have ever heard. It was also surprisingly unconvincing."

An anonymous reader writes "Legislators around the world are demanding more information on the secret Anti-Counterfeiting Trade Agreement. US Senator Ron Wyden demanded answers in a letter to the USTR (PDF) this week, ACTA arose in the UK House of Commons yesterday, and French Deputy Nicolas Dupont-Aignan raised ACTA questions in the National Assembly late last year. All of this comes on top of earlier efforts from Swedish Member of the European Parliament Jens Holm, as well as New Zealand MP Clare Curran, who has repeatedly raised concerns about ACTA, and NDP MP Charlie Angus, who posed questions about ACTA in the Canadian House of Commons late last year."

eldavojohn writes "Wikileaks has been pretty successful on a global scale — from ACTA documents to East Anglian e-mails, it is the definitive place to find suppressed documents. But some are saying that now Wikileaks should begin focusing on a local level. From the article: 'The organization has applied for a $532,000 two-year grant from the Knight Foundation to expand the use of its secure, anonymous submission system by local newspapers. The foundation's News Challenge will give as much as $5 million this year to projects that use digital technology to transform community news. WikiLeaks proposes using the grant to encourage local newspapers to include a link to WikiLeaks' secure, anonymous servers so that readers can submit documents on local issues or scandals. The newspapers would have first crack at the material, and after a period of time — perhaps two weeks, [German Wikileaks spokesman Daniel] Schmitt said — the documents would be made public on the main WikiLeaks page.' Anyone reading this who works for a community news source and would like to host sensitive documents with no risk: here is your solution."

An anonymous reader writes "The draft intellectual property text of the EU - Canada Trade Agreement has leaked, with news that the EU is demanding that Canada fundamentally alter copyright, patent, and trademark law. The laundry list of demands includes copyright term extension, WIPO ratification, DMCA-style legislation, resale rights, new enforcement provisions, and following patent, trademark, and design law treaties. The net result is that when combined with the ACTA requirements, Canadian copyright law may cease to be Canadian." Reader TheTurtlesMoves stresses the "first sale doctrine" aspect of the Canada - EU negotiations. Once an artist sells a creative work, should she get a cut of any future resales of that same work? The EU says yes at least for some types of works, and it wants Canada to see things its way. "Europe's Directive 2001/84/EC says that the right covers only 'works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, provided they are made by the artist himself or are copies considered to be original works of art.'"

An anonymous reader writes "Michael Geist, a leading critic of the ACTA secret copyright treaty, has produced a new interactive timeline that traces its development. The timeline includes links to leaked documents, videos, and public interest group letters that should generate increasing concern with a deal that could lead to a global three-strikes and you're out policy."

I Don't Believe in Imaginary Property writes "According to Ambassador Ron Kirk, the head of US Trade Representatives, the secrecy around the ACTA copyright treaty is necessary because without that secrecy, people would be 'walking away from the table.' If you don't remember, that treaty is the one where leaks indicate that it may contain all sorts of provisions for online copyright enforcement, like a global DMCA with takedown and anti-circumvention restrictions, three-strikes laws to terminate offending internet connections, and copyright cops. FOIA requests for the treaty text have been rebuffed over alleged 'national security' concerns. One can only hope that what he has said is true and that sites like Wikileaks will help tear down the veil of secrecy behind which they're negotiating our future."

An anonymous reader writes "The European Commission analysis of ACTA's Internet chapter has leaked, indicating that the US is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law. The document contains detailed comments on the US secret copyright treaty proposal, confirming the desire to promote a 'three-strikes and you're out' policy, a Global DMCA, harmonized contributory copyright infringement rules, and the establishment of an international notice-and-takedown policy."

angry tapir writes "Two US senators have asked President Barack Obama's administration to allow the public to review and comment on a controversial international copyright treaty being negotiated largely in secret. The public has a right to know what's being negotiated in the Anti-Counterfeiting Trade Agreement (ACTA), Senators Sherrod Brown, an Ohio Democrat, and Bernard Sanders, a Vermont Independent, argue in the letter."

Reader adeelarshad82 writes to lets us know that Spain has now codified a "Right to Broadband," thus following the lead of Finland. Spain's industry minister announced that citizens will have a legal right from 2011 to be able to buy broadband Internet access of at least 1 Mb/sec at a regulated price wherever they live. The telecoms operator holding the so-called "universal service" contract would have to guarantee it could offer "reasonably" priced broadband throughout Spain.

A user writes "Ars Technica writes about the recent work on the Anti-Counterfeiting Trade Agreement, and reveals that while the public does not have access to the text of the agreement, a handful of lawyers representing Big Content and numerous companies and organizations do. 'Turns out that... ACTA will include a section on Internet "enforcement procedures" after all. And how many people have had input on these procedures? Forty-two. ... Knowledge Ecology International (KEI) found out in September that the US Trade Representative's office had actually been secretly canvassing opinions on the Internet section of the agreement from 42 people, all of whom had signed a nondisclosure agreement before being shown the ACTA draft text.'"

mikesd81 notes a press release on the EFF website that begins "The Obama Administration's decision to support Bush-era concealment policies has forced the Electronic Frontier Foundation (EFF) and Public Knowledge (PK) to drop their lawsuit about the proposed Anti-Counterfeiting Trade Agreement (ACTA). Federal judges have very little discretion to overrule Executive Branch decisions to classify information on 'national security' grounds, and the Obama Administration has recently informed the court that it intends to defend the classification claims originally made by the Bush Administration. ... Very little is known about ACTA, currently under negotiation between the US and more than a dozen other countries, other than that it is not limited to anti-counterfeiting measures. Leaked documents indicate that it could establish far-reaching customs regulations governing searches over personal computers and iPods. Multi-national IP corporations have publicly requested mandatory filtering of Internet communications for potentially copyright-infringing material, as well as the adoption of 'Three Strikes' policies requiring the termination of Internet access after repeat allegations of copyright infringement, like the legislation recently invalidated in France. Last year, more than 100 public interest organizations around the world called on ACTA country negotiators to make the draft text available for public comment."

Hugh Pickens writes "More than a thousand pages of material about Anti-Counterfeiting Trade Agreement (ACTA), are still being withheld, despite the Obama administration's promises to run a more open government. The EFF and Public Knowledge filed suit in September of 2008, demanding that background documents on ACTA be disclosed under the Freedom of Information Act (FOIA). 'We are very disappointed with the USTR's decision to continue to withhold these documents. The president promised an open and transparent administration,' said EFF Senior Counsel David Sobel. Publicly available information about the treaty shows it could establish far-reaching customs regulations over Internet traffic in the guise of anti-counterfeiting measures. Additionally, multi-national IP industry companies have publicly requested that ISPs be required to engage in filtering of their customers' Internet communications for potentially copyright-infringing material, force mandatory disclosure of personal information about alleged copyright infringers, and adopt 'Three Strikes' policies requiring ISPs to automatically terminate customers' Internet access upon a repeat allegation of copyright infringement. 'What we've seen tends to confirm that the substance of ACTA remains a grave concern,' said Public Knowledge Staff Attorney Sherwin Siy. 'The agreement increasingly looks like an attempt by Hollywood and the content industries to perform an end-run around national legislatures and public international forums to advance an aggressive, radical change in the way that copyright and trademark laws are enforced.'"

narramissic writes "Change is afoot at the Office of the US Trade Representative. New details have been released about an anti-counterfeiting trade agreement that has been discussed in secret among the US, Japan, the European Union and other countries since 2006. Although the six-page summary (PDF) provides little in the way of specific detail about the current state of negotiations, the release represents a change in policy at the USTR, which had argued in the past that information on the trade pact was 'properly classified in the interest of national security.'" Michael Geist has a timeline that puts together more details about the ACTA negotiations than any government has so far been willing to reveal.

After all of the uproar surrounding some of the Obama administration's recent decisions, trade officials have promised a thorough review of the USTR policies regarding transparency. In an effort to ensure that the review includes all possible angles, the USTR is urging groups to make other proposals as well. "KEI is very impressed with the USTR decision to undertake a review of USTR transparency efforts. They are taking this much further than simply reviewing policies on the Freedom of Information Act (FOIA), or recent controversies over the secrecy surrounding the Anti-Counterfeiting Trade Agreement (ACTA) negotiations. The review offers the possibility of more transformative changes, including pro-active measures to enhance transparency, covering all aspects of USTR operations, including multilateral, plurilateral, regional, bilateral and unilateral trade policies and negotiations. We are also grateful that USTR is offering to have a continuing dialogue on this issues. KEI will offer additional suggestions on transparency to USTR, and we encourage others to do so also."

1 a bee writes "With the White House claiming national security grounds for failing to release ACTA related information, including negotiating documents and even the list of participants, the spotlight is now on just who does have access. Turns out, according to James Love, hundreds of advisers, many of them corporate lobbyists, are considered 'cleared advisers.' The list looks a who's who of captains of industry."

Penguinisto writes "According to CNET, Knowledge Ecology International's FOIA request for information about ACTA was denied. ACTA is the pending copyright treaty believed to have been authored by lobbyists for the content cartels. Even stranger, the denial cited 'national security reasons (PDF). While it is not unusual for the White House of any administration to block FOIA requests for national security reasons, one would think that a treaty affecting civil interests alone wouldn't qualify for such secrecy. Not exactly sure what involvement the former RIAA mouthpiece Donald Verelli (a recent Obama pick for the DOJ) may have in this." KEI is not alone; the European Parliament wants to see the ACTA documents too.

dan of the north writes "Based on sources and leaked documents, Knowledge Ecology International now asserts that ACTA drafts are in fact 'formally available to cleared corporate lobbyists and informally distributed to corporate lawyers and lobbyists in Europe, Japan, and the US.' — The ACTA proposals currently include language that would make copyright infringement on a 'commercial scale,' even when done with 'no direct or indirect motivation of financial gain,' into a criminal matter. Both KEI and Canadian law professor Michael Geist, who has been working his own sources, say that the current proposals require all signatories to 'establish a laundry list of penalties — including imprisonment — sufficient to deter future acts of infringement.'"

CaptSolo writes "The EU Council refuses to release secret Anti-Counterfeiting Trade Agreement documents, stating that disclosure of this information could impede the proper conduct of the negotiations, would weaken the position of the EU in these negotiations, and might affect relations with the third parties concerned. The Foundation for a Free Information Infrastructure requested these documents last week. FFII's response questions ACTA's secrecy saying: 'The argument that public transparency regarding 'trade negotiations' can be ignored if it would weaken the EU's negotiation position is particularly painful. At which point exactly do negotiations over trade issues become more important than democratic law making? At 200 million euro? At 500 million euro? At 1 billion euro? What is the price of our democracy?'"