Acta battle coming to a head in Wellington

Debate over the controversial Anti-Counterfeiting Trade Agreement being negotiated with the United States, the European Union and several other countries is coming to a head after the Government invited submissions on the treaty negotiations.

One goal of Acta is to tighten the protection of digital property, an issue that has brought internet advocates into conflict with film, music and media companies.

The next round of consultations on Acta, which will focus on protecting intellectual property rights for digital products such as films and software will be held in Wellington next month.

InternetNZ policy director Jordan Carter says Acta could affect everyone's rights on the internet and the non-profit society will hold a public conference two days before the negotiations in Wellington begin, to give the public the chance to voice their concerns . . . "in contrast to the secrecy of the negotiation process".

"These plurilateral negotiations appear to extend well beyond the area of trade and physical counterfeiting to potentially cover non-commercial infringement of copyright material by ordinary citizens and digital rights management," he says.

One of the most controversial topics up for debate at the next round of negotiations is whether, and in what circumstances, internet providers might be liable for infringements of intellectual property committed by their subscribers, using their service.

An Economic Development Ministry paper says one approach that might be taken by Acta signatories might be to offer internet providers "safe harbour" against prosecution for certain types of offences carried out by customers, possibly with conditions attached.

A variation on that approach might be for signatories to require "civil remedies" were available to intellectual property rights owners for certain offences, unless internet providers took specified steps to prevent customers from committing offences.

The ministry is also seeking views on whether rights holders should be able to demand information from internet providers that would help them identify infringing customers, and on the penalties that should apply to people who circumvent software used to prevent the theft of digital products and remove information from digital products identifying their owner.

The deadline for submissions is the end of the month. A leaked European Union document – the latest in a series of leaked documents on Acta – indicates New Zealand negotiators are backing the EU in seeking to water down several of the more hawkish proposals made by the United States.

- © Fairfax NZ News