---------- Forwarded message ---------- From: Jérémie ZIMMERMANN - La Quadrature du Net <[email protected]> Date: Fri, Feb 4, 2011 at 5:12 AM Subject: [fcf_discussion] WikiLeaks Cables Shine Light on ACTA History To: [email protected] http://lqdn.fr/en/wikileaks-cables-shine-light-on-acta-history *** La Quadrature du Net obtained exclusive access to the WikiLeaks US diplomatic cables regarding the Anti-Counterfeiting Trade Agreement (ACTA). Although they only give a partial account of the history of this secretly-negotiated agreement, these cables shed an interesting light on the coming into being of ACTA. They show the prime role of the US in the advent of this extremist imposition of violent sanctions against citizens and their fundamental rights. The cables expose the stakes and debates surrounding the participation of developing countries, as well as the evolution of the position of European Union during the negotiations. *** Our analysis of the cables will probably be completed by others, but for now it seems that these US diplomatic cables do not bring anything entirely new to our understanding of ACTA. Rather, the details surrounding the history of this dangerous trade agreement reinforce the impression that ACTA is an outdated trade agreement primarily designed to export the war on sharing knowledge and culture to developing countries. It also makes clear that although ACTA is an international agreement that could have an impact for the decades to come on the global knowledge economy, it has absolutely no democratic legitimacy. Indeed, it was drafted by a small group of unelected officials in charge of promoting the interests of rights holders in their respective countries — not legitimate representatives. Finally, the cables show that the European Union has been a rather weak negotiating partner, since Member States have had disagreements on how to proceed during the negotiations. Although the EU Commission has been at the front-line of public criticisms, EU national governments should also be held accountable for having negotiated ACTA behind the back of their citizens, who will suffer from ACTA's worst provisions. Table of contents I. ACTA, a US project aimed at expanding extremist IPR provisions to the developing world 1. The concept of ACTA 2. Key priority: Swift adoption of an extremist but exportable agreement 3. Among developing countries, Good Cop vs. Bad Cop II. The European Union, a rather weak negotiating party 1. Internal disagreements over competencies 2. Tensions regarding the inclusion of Geographical Indications 3. ACTA's legitimacy jeopardized by lack of transparency read more: http://lqdn.fr/en/wikileaks-cables-shine-light-on-acta-history -- --- La Quadrature du Net ---- http://www.laquadrature.net --- http://twitter.com/jerezim - http://identi.ca/jerezim ----- +info http://list.fcforum.net/wws/info/fcforum_discussion ---- -- P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net Connect: http://p2pfoundation.ning.com; Discuss: http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation Updates: http://del.icio.us/mbauwens; http://friendfeed.com/mbauwens; http://twitter.com/mbauwens; http://www.facebook.com/mbauwens