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.

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Northern Ireland election results: a shift beneath the status quo

The power of the largest parties has been maintained, while newer parties running on nicher subjects with no connection to Northern Ireland’s traditional religious divide are rapidly rising.

After a long day of counting and tinkering with the region’s complex PR vote transfer sytem, Northern Irish election results are slowly starting to trickle in. Overall, the status quo of the largest parties has been maintained with Sinn Fein and the Democratic Unionist Party returning as the largest nationalist and unionist party respectively. However, beyond the immediate scope of the biggest parties, interesting changes are taking place. The two smaller nationalist and unionist parties appear to be losing support, while newer parties running on nicher subjects with no connection to Northern Ireland’s traditional religious divide are rapidly rising.

The most significant win of the night so far has been Gerry Carroll from People Before Profit who topped polls in the Republican heartland of West Belfast. Traditionally a Sinn Fein safe constituency and a former seat of party leader Gerry Adams, Carroll has won hearts at a local level after years of community work and anti-austerity activism. A second People Before Profit candidate Eamon McCann also holds a strong chance of winning a seat in Foyle. The hard-left party’s passionate defence of public services and anti-austerity politics have held sway with working class families in the Republican constituencies which both feature high unemployment levels and which are increasingly finding Republicanism’s focus on the constitutional question limiting in strained economic times.

The Green party is another smaller party which is slowly edging further into the mainstream. As one of the only pro-choice parties at Stormont which advocates for abortion to be legalised on a level with Great Britain’s 1967 Abortion Act, the party has found itself thrust into the spotlight in recent months following the prosecution of a number of women on abortion related offences.

The mixed-religion, cross-community Alliance party has experienced mixed results. Although it looks set to increase its result overall, one of the best known faces of the party, party leader David Ford, faces the real possibility of losing his seat in South Antrim following a poor performance as Justice Minister. Naomi Long, who sensationally beat First Minister Peter Robinson to take his East Belfast seat at the 2011 Westminster election before losing it again to a pan-unionist candidate, has been elected as Stormont MLA for the same constituency. Following her competent performance as MP and efforts to reach out to both Protestant and Catholic voters, she has been seen by many as a rising star in the party and could now represent a more appealing leader to Ford.

As these smaller parties slowly gain a foothold in Northern Ireland’s long-established and stagnant political landscape, it appears to be the smaller two nationalist and unionist parties which are losing out to them. The moderate nationalist party the SDLP risks losing previously safe seats such as well-known former minister Alex Attwood’s West Belfast seat. The party’s traditional, conservative values such as upholding the abortion ban and failing to embrace the campaign for same-sex marriage has alienated younger voters who instead may be drawn to Alliance, the Greens or People Before Profit. Local commentators have speculate that the party may fail to get enough support to qualify for a minister at the executive table.

The UUP are in a similar position on the unionist side of the spectrum. While popular with older voters, they lack the charismatic force of the DUP and progressive policies of the newer parties. Over the course of the last parliament, the party has aired the possibility of forming an official opposition rather than propping up the mandatory power-sharing coalition set out by the peace process. A few months ago, legislation will finally past to allow such an opposition to form. The UUP would not commit to saying whether they are planning on being the first party to take up that position. However, lacklustre election results may increase the appeal. As the SDLP suffers similar circumstances, they might well also see themselves attracted to the role and form a Stormont’s first official opposition together as a way of regaining relevance and esteem in a system where smaller parties are increasingly jostling for space.