[A2k] Fwd: EFF: Certification Allows US Trade Negotiators to Rewrite TPP Copyright Rules

Carolina Rossini carolina.rossini at gmail.com
Sat Aug 16 07:29:24 PDT 2014


---------- Forwarded message ----------
From: "Maira Sutton" <maira at eff.org>
Date: Aug 15, 2014 7:24 PM
Subject: EFF: Certification Allows US Trade Negotiators to Rewrite TPP
Copyright Rules
To: "Fair Deal List" <fair-deal-outreach at googlegroups.com>
Cc:

 Certification Allows US Trade Negotiators to Rewrite TPP Copyright Rules

https://www.eff.org/deeplinks/2014/08/certification-allows-us-trade-negotiators-rewrite-tpps-copyright-rules

 "As the negotiations over the Trans-Pacific Partnership
<https://www.eff.org/issues/tpp> agreement (TPP) continue to trudge along,
little new information has leaked because the negotiations are being
conducted under conditions of strict secrecy
<https://www.eff.org/deeplinks/2014/07/tpp-negotiations-unprecedented-secrecy-around-ottawa-meetings>
.

But this week, the launch of the TPP: No Certification
<http://tppnocertification.org/> website by a coalition of activists has
shed new light on one issue that has been often overlooked before now. The
United States, exclusively amongst the dozen negotiating partners, is
reserving the right to vet other countries' implementation of the agreement
before its own obligations come into effect. This has worrying implications
for other countries planning to take advantage of whatever flexibilities
remain in the TPP text after the negotiations are finished.

For example, the leaked draft of the TPP requires signatory countries to
provide “legal incentives for service providers to cooperate with copyright
owners.” Since “legal incentives” is so vague, there are several ways in
which a country might interpret and implement this—a narrow interpretation
might merely require Internet Service Providers (ISPs) to be offered a tax
break for hosting anti-piracy banner ads, but if interpreted more broadly
it might penalize ISPs millions of dollars unless they disconnect suspected
infringers from the Internet
<https://www.eff.org/deeplinks/2009/06/three-strikes-dead-in-france>.

Certification means that this ambiguity or flexibility could disappear,
leaving countries with only one, extreme interpretation of their
obligations under the TPP—whatever interpretation the US Trade
Representative (USTR) unilaterally decides.

[...]

"

-- 
Maira Sutton
Global Policy Analyst
Electronic Frontier Foundation - www.eff.orgmaira at eff.org
Tel: 415.436.9333 x175

:: Defending Your Rights in the Digital World ::

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