[P2P-F] Fwd: [fcf_discussion] WikiLeaks Cables Shine Light on ACTA History

Fri Feb 4 00:51:28 CET 2011

---------- Forwarded message ----------
From: Jérémie ZIMMERMANN - La Quadrature du Net <jz at laquadrature.net>
Date: Fri, Feb 4, 2011 at 5:12 AM
Subject: [fcf_discussion] WikiLeaks Cables Shine Light on ACTA History
To: fcforum_discussion at list.fcforum.net

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impression that ACTA is an outdated trade agreement primarily designed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

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