EU Parliament shoots down controversial copyright treaty; EU Commission ignores them

Meet CETA, the new ACTA

Acta, the Anti-Counterfeiting Trade Agreement, is a proposed international agreement which aims to create cross-national standards on what constitutions copyright infringement. This fantastic Wired primer goes into greater detail about it, but the short version is that it has been seen as Europe's answer to SOPA, the American law which sparked the wave of website blackouts in protest earlier this year.

The treaty was negotiated behind closed doors, and required signatories to criminalise civil copyright infringement, all while implying false equivalencies between piracy and counterfeiting. As with SOPA, it drew large – although more low key – protests, which appeared to have done the trick. Last Wednesday, the European Parliament voted overwhelmingly against Acta, 478 to 39.

Olivia Solon wrote:

In a statement, the EU recognised the "unprecedented direct lobbying by thousands of EU citizens who called on it to reject Acta, in street demonstrations, emails to MEPs and calls to their offices". It also acknowledged a petition that had been signed by 2.8 million citizens urging them to reject Acta.

But just because the parliament rejected Acta, doesn't mean the battle's won. The Canada-EU trade agreement, a pending agreement between the two nations, contains word-for-word the same clauses which made Acta so concerning.

The pressure group La Quadrature du Net writes that :

CETA literally contains the worst of ACTA, in particular: general obligations on enforcement, damages, injunctions, DRM circumvention, and border measure rules. The worst and most damaging parts for our freedoms online, criminal sanctions and intermediary liability, are word for word the same in ACTA and CETA.

In all coherence with last week's vote, the European Commission must drop CETA negotiations (or expurgate it from all the aforementioned, copyright-related provisions), or else be humiliated once again when the European parliament get to vote on CETA.

Canadian journalist Michael Geist breaks down the similiarities. For example, this is a passage from CETA; the bolded lines are straight from ACTA:

Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors, performers of performances fixed in phonograms, or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances fixed in phonograms, and phonograms, which are not authorized by the authors, the performers of performances fixed in phonograms or the producers of phonograms concerned or permitted by law.

Other passages are even worse, reproduced verbatim.

Wired's Liat Clarke sums up the problem:

The 4 July vote saw the EU's trade committees publicly acknowledge the potentially dangerous vagaries in the agreement relating to civil liberties. But it seems to be just these vagaries that have reappeared in Ceta, including mention of "cooperative efforts" that could lead to ISPs being forced to take down content, compulsory disclosure of information on any user accused of copyright infringement and the incredibly ambiguous concept of weighing penalties on the accused of "any legitimate measure of value that may be submitted by the right holder, including lost profits".

Criminal liability for "aiding and abetting" infringement also crops up again, and is one of the key clauses that initially troubled EU trade committees since it suggests data centres and ISPs might be open to penalties ranging from prison time to extortionate fines. Ceta has already gained negative press due to clauses referring to EU pharmaceutical patent fees that could dramatically increase Canada's healthcare costs. Attention being drawn to these new obstacles could potentially scupper the agreement entirely.

Generally speaking, if a democratic body votes something down, it's not the prerogative of an undemocratic one to resurrect it. Clearly at the EU, things work differently.

Members of the European Parliament hold placards reading 'Hello democracy goodbye ACTA' as they take part in a vote on ACTA. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Getty Images.
Show Hide image

Sadiq Khan gives Jeremy Corbyn's supporters a lesson on power

The London mayor doused the Labour conference with cold electoral truths. 

There was just one message that Sadiq Khan wanted Labour to take from his conference speech: we need to be “in power”. The party’s most senior elected politician hammered this theme as relentlessly as his “son of a bus driver” line. His obsessive emphasis on “power” (used 38 times) showed how far he fears his party is from office and how misguided he believes Jeremy Corbyn’s supporters are.

Khan arrived on stage to a presidential-style video lauding his mayoral victory (a privilege normally reserved for the leader). But rather than delivering a self-congratulatory speech, he doused the conference with cold electoral truths. With the biggest personal mandate of any British politician in history, he was uniquely placed to do so.

“Labour is not in power in the place that we can have the biggest impact on our country: in parliament,” he lamented. It was a stern rebuke to those who regard the street, rather than the ballot box, as the principal vehicle of change.

Corbyn was mentioned just once, as Khan, who endorsed Owen Smith, acknowledged that “the leadership of our party has now been decided” (“I congratulate Jeremy on his clear victory”). But he was a ghostly presence for the rest of the speech, with Khan declaring “Labour out of power will never ever be good enough”. Though Corbyn joined the standing ovation at the end, he sat motionless during several of the applause lines.

If Khan’s “power” message was the stick, his policy programme was the carrot. Only in office, he said, could Labour tackle the housing crisis, air pollution, gender inequality and hate crime. He spoke hopefully of "winning the mayoral elections next year in Liverpool, Manchester and Birmingham", providing further models of campaigning success. 

Khan peroration was his most daring passage: “It’s time to put Labour back in power. It's time for a Labour government. A Labour Prime Minister in Downing Street. A Labour Cabinet. Labour values put into action.” The mayor has already stated that he does not believe Corbyn can fulfil this duty. The question left hanging was whether it would fall to Khan himself to answer the call. If, as he fears, Labour drifts ever further from power, his lustre will only grow.

George Eaton is political editor of the New Statesman.