[Chapter-delegates] Acta: Germany delays signing anti-piracy agreement

[Alejandro Pisanty]

Hi Norbert, Klaus,

this is true in many of the countries negotiating ACTA, and elsewhere. 
Many of the things that ACTA allows or fosters are already in legislation 
and in practice, both for the online world and offline.

Examples offline are: ex-officio prosecution of counterfeiting instead of 
waiting for a lawsuit. That way, customs officials can seize a whole 
container (or shipload) and put people into jail, regardless of there 
already existing a complaint from one of the affected brands. Without that 
provision, they may seize a huge load of counterfeited goods, then have to 
sort them out to see if there is a complaint from any, and let the 
presumed culprits go.

For the online environment, laws like HADOPI actually go much further 
than what is explicit in ACTA.

There is lot of legal small-letter of course. Whether the prosecutions can 
be criminal or only civil matters a lot. And a lot of the wording goes on 
exceptions etc. which do vary significantly between countries.

That said, ACTA does open the door to much trouble in the digital world by 
creating incentives for all countries to step up ill-advised measures, by 
creating a new organization with little if any accountability, and by 
irrupting in the Internet-governance world with a heavy handed, 
government-plus-industry alone approach where multistakeholder 
collaboration would be mandated.

The incentives for non-ACTA-signatories to join later will also be high.

Yours,

Alejandro Pisanty

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On Sun, 19 Feb 2012, nhklein wrote:

> Date: Sun, 19 Feb 2012 05:07:33 -0600
> From: nhklein <nhklein at gmx.net>
> To: chapter-delegates at elists.isoc.org
> Subject: Re: [Chapter-delegates] Acta: Germany delays signing anti-piracy
>     agreement
> 
> On 02/19/2012 04:56 PM, Klaus Birkenbihl wrote:
>> wonder if it was mentioned in the discussion: When the
>> article says /...that Justice ministry believes the legislation
>> is unnecessary.in Germany ... /the reason is that Acta is already
>> mostly implemented by existing German law.
>
> Klaus, thanks - I wrote this from far away. Could you please elaborate with 
> some examples?
>
>
> Norbert
>> 
>> President ISOC-KH wrote on 2012-02-19 02:28:
>>> "Germany has halted signing a controversial anti-piracy
>>> accord, the Anti-Counterfeiting Trade Agreement (ACTA),
>>> after the justice ministry voiced concerns."
>>> More: http://www.bbc.co.uk/news/technology-16980451
>>> _______________________________________________
>>> Chapter-delegates mailing list
>>> Chapter-delegates at elists.isoc.org
>>> https://elists.isoc.org/mailman/listinfo/chapter-delegates
>>> 
>>> 
>>> -- 
>>> Klaus Birkenbihl
>>> Internet Society German Chapter e.V. (ISOC.DE)
>>> http://www.isoc.de/
>> 
>> 
>> _______________________________________________
>> Chapter-delegates mailing list
>> Chapter-delegates at elists.isoc.org
>> https://elists.isoc.org/mailman/listinfo/chapter-delegates
>
>
> -- 
> In April 2011, I started a new blog:
>
> ...thinking it over... after 21 years in Cambodia
> http://www.thinking21.org/
>
> continuing to share reports and comments from Cambodia.
> This is my latest posting:
>
> Coming back from one week in Myanmar (16.2.2012)
> http://www.thinking21.org/?p=758
>
> Norbert Klein
> nhklein at gmx.net
> Phnom Penh / Cambodia
>
>
>