Obama Tries to Bypass Congress with Deadly Global Internet Treaty ACTA
Before the American people were protesting the Stop Online Piracy Act and the Protect Intellectual Property Act, the president managed to sign an international treaty which would permit foreign companies to demand that ISPs (Internet Service Providers) remove web content in the United States without any legal oversight.
The White House has done some maneuvering — characterizing the treaty as an “executive agreement” — thereby bypassing approval by members of Congress.
ACTA negotiations did not include civil society groups or developing countries, noting also that “reports suggest that trade negotiators have been required to sign non-disclosure agreements for fear of word of the treaty’s provisions leaking to the public.”
As noted on Wikipedia, opponents of ACTA also assert that it will impinge upon freedom of expression and communication privacy. A large number of the World Trade Organization’s 157 members have voiced concerns that the treaty would have a negative impact on trade. Others have pointed out that ACTA does not include provisions for legal safeguards protecting ISPs from liability for the actions of their subscribers. Without such provisions, ISPs will be forced to invade the privacy of their subscribers in order to protect themselves.
Aaron Shaw, research fellow at the Berkman Center for Internet & Society at Harvard University, stressed that “ACTA would create unduly harsh legal standards that do not reflect contemporary principles of democratic government, free market exchange, or civil liberties.”
The technology news and information website ArsTechnica.com argues that ACTA encourages ISPs to collect and provide information about suspects by providing for those ISPs “safe harbor from certain legal threats.”
Kader Arif, European rapporteur for ACTA, resigned his position on January 26 in opposition to ACTA, declaring, “I want to send a strong signal and alert the public opinion about this unacceptable situation. I will not take part in this masquerade.”
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