

Leaked version of 'Son of ACTA' - 'full of awful ideas' - grellas
http://www.techdirt.com/articles/20110311/00104713434/us-proposals-secret-tpp-son-acta-treaty-leaked-chock-full-awful-ideas.shtml

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snsr
Thanks for posting this. It's concerning that these 'treaties' are being
repeatedly floated by the USTR. They're actively circumventing due process and
established law. Third party liability for ISPs and other online service
providers is particularly concerning to me.

Some of the more onerous/draconian highlights:

\- Each Party shall establish or maintain a system that provides for pre-
established damages, which shall be available upon the election of the right
holder

\- Requires criminal enforcement for technological measures beyond WIPO
Internet Treaties, even when there is not copyright infringement (art. 5.9)

\- Impose a legal regime of ISP liability beyond the DMCA standards (art.
16.3)

\- Requires legal incentives for service providers to cooperate with copyright
owners in deterring the unauthorized storage and transmission of copyrighted
materials; (art. 16.3.b.vi.A)

\- Requires identifying internet users for any ISP, going beyond U.S. case law
(art. 16.3.b.xi)

\- Includes the text of the controversial US/KOREA side letter on shutting dow

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motters
Increasing ISP liabilities could lead to a situation where people cannot run
server hardware from their home, in the style of FreedomBox. This might be one
of the ultimate intentions/outcomes of this sort of legislation - i.e. that
you're forced to live inside someone else's legally approved and insured cloud
platform.

