Internet Industry Association

While nominally targeting major counterfeit operators, ACTA reportedly seeks to impose a new regime of enforcement measures that could undermine Australian citizens’ fair-use and privacy rights.

ACTA negotiations have been held behind closed doors. Information is scant, with the exception of an ACTA discussion document leaked online, documents hosted by the US Trade Representative and a sketchy discussion paper from the Department of Foreign Affairs and Trade (DFAT).

“Forthcoming talks in Washington DC scheduled for this week appear to be proceeding in the absence of draft text.”, IIA chief executive, Peter Coroneos said.

“Yet ACTA proponents seem bent on having a treaty in place by the end of the year.  How can appropriate outcomes be achieved with such indecent haste?”

The IIA is urging government negotiators to push for a proper timetable so that an inclusive public debate on the proposed measures can take place.

In alliance with CHOICE (Australian Consumers Association), the Australian Library and Information Association (ALIA) and Australian Digital Alliance (ADA), the IIA filed a submission with DFAT, insisting Australia maintains legal rights and due process. In particular, no trade agreement should breach six vital and hard won principles :

1. Transparency and accountability (all stakeholders should see and comment on text before it is concluded)
2. Presumption of innocence (no enforcement, civil or criminal, without independent findings of infringement)
3. Proportionality (all enforcement measures to be proportionate to the seriousness of any infringement)
4. Consideration of impact on other treaties and laws (no doubling up or inconsistency with Australia's existing obligations)
5. Avoiding the prescription of surveillance technologies for IP enforcement
6. Safeguards against liability for intermediaries (such as educational institutions, libraries and Internet Service Providers)

“We are very worried about leaked discussion documents relating to ACTA which would force ISPs to disclose customer information and even disconnect anyone alleged to be an infringer, based on untested and intrusive technological tracking -- without warrant or judicial oversight.” said Mr Coroneos.

“What happened to the presumption of innocence?”

“Whether ACTA ends up seeing iPods and laptops searched at international airports as some are proposing, we can’t say. But we cannot allow it to undermine the balance that exists in our laws.”

“Also what is meant by commercial scale infringement is not clear. ACTA may redefine anyone with an unauthorised copy of a song to be regarded as a criminal, without the minimal protections and subject to disproportionate penalties that go beyond what is legally fair in Australia.”

More generally, the IIA questions the need for Australia to be involved at all in the light of the recently enacted Australian-US Free Trade agreement with toughened intellectual property enforcement provisions in place since the end of 2006.

“We already have new and far reaching legislation that covers off the illegal distribution of digital sound and video recordings via the Internet,” he said.

“We strongly urge the Australian Government to adopt a cautious approach before committing to any sweeping measures as part of ACTA,” Mr Coroneos said.

A copy of the six principles and submission are available at http://www.iia.net.au/images/principles_for_acta_negotiations.pdf

About the IIA
The Internet Industry Association (www.iia.net.au) represents the main net providers, content creators and associated services. It issues policy guidance to government and advocacy on business and regulatory issues, to promote laws and initiatives that enhance access, equity, reliability and growth of the Net within Australia.

For comment, contact
Peter Coroneos, Chief Executive, IIA
Ph: 02 6232 6900
Release Date: Tuesday 29 July 2008