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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Stability is essential to solve the pension problem

The new chancellor must ensure we have a period of stability for pension policymaking in order for everyone to acclimatise to a new era of personal responsibility in retirement, says 

There was a time when retirement seemed to take care of itself. It was normal to work, retire and then receive the state pension plus a company final salary pension, often a fairly generous figure, which also paid out to a spouse or partner on death.

That normality simply doesn’t exist for most people in 2016. There is much less certainty on what retirement looks like. The genesis of these experiences also starts much earlier. As final salary schemes fall out of favour, the UK is reaching a tipping point where savings in ‘defined contribution’ pension schemes become the most prevalent form of traditional retirement saving.

Saving for a ‘pension’ can mean a multitude of different things and the way your savings are organised can make a big difference to whether or not you are able to do what you planned in your later life – and also how your money is treated once you die.

George Osborne established a place for himself in the canon of personal savings policy through the introduction of ‘freedom and choice’ in pensions in 2015. This changed the rules dramatically, and gave pension income a level of public interest it had never seen before. Effectively the policymakers changed the rules, left the ring and took the ropes with them as we entered a new era of personal responsibility in retirement.

But what difference has that made? Have people changed their plans as a result, and what does 'normal' for retirement income look like now?

Old Mutual Wealth has just released. with YouGov, its third detailed survey of how people in the UK are planning their income needs in retirement. What is becoming clear is that 'normal' looks nothing like it did before. People have adjusted and are operating according to a new normal.

In the new normal, people are reliant on multiple sources of income in retirement, including actively using their home, as more people anticipate downsizing to provide some income. 24 per cent of future retirees have said they would consider releasing value from their home in one way or another.

In the new normal, working beyond your state pension age is no longer seen as drudgery. With increasing longevity, the appeal of keeping busy with work has grown. Almost one-third of future retirees are expecting work to provide some of their income in retirement, with just under half suggesting one of the reasons for doing so would be to maintain social interaction.

The new normal means less binary decision-making. Each choice an individual makes along the way becomes critical, and the answers themselves are less obvious. How do you best invest your savings? Where is the best place for a rainy day fund? How do you want to take income in the future and what happens to your assets when you die?

 An abundance of choices to provide answers to the above questions is good, but too much choice can paralyse decision-making. The new normal requires a plan earlier in life.

All the while, policymakers have continued to give people plenty of things to think about. In the past 12 months alone, the previous chancellor deliberated over whether – and how – to cut pension tax relief for higher earners. The ‘pensions-ISA’ system was mooted as the culmination of a project to hand savers complete control over their retirement savings, while also providing a welcome boost to Treasury coffers in the short term.

During her time as pensions minister, Baroness Altmann voiced her support for the current system of taxing pension income, rather than contributions, indicating a split between the DWP and HM Treasury on the matter. Baroness Altmann’s replacement at the DWP is Richard Harrington. It remains to be seen how much influence he will have and on what side of the camp he sits regarding taxing pensions.

Meanwhile, Philip Hammond has entered the Treasury while our new Prime Minister calls for greater unity. Following a tumultuous time for pensions, a change in tone towards greater unity and cross-department collaboration would be very welcome.

In order for everyone to acclimatise properly to the new normal, the new chancellor should commit to a return to a longer-term, strategic approach to pensions policymaking, enabling all parties, from regulators and providers to customers, to make decisions with confidence that the landscape will not continue to shift as fundamentally as it has in recent times.

Steven Levin is CEO of investment platforms at Old Mutual Wealth.

To view all of Old Mutual Wealth’s retirement reports, visit: products-and-investments/ pensions/pensions2015/