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Within two weeks of an alleged leak we have another bigger and better document allegedly stepping through the internet terms of the highly secretive Anti-Counterfeiting Trade Agreement (ACTA).  The new document appears to be a European Union (EU) paper outlining the Internet and Civil Enforcement chapters, and setting forth proposals from the U.S. and responses from the EU, Japan, and other negotiating countries.  Highlights include:

  • US advocacy of anti-circumvention controls and opposition from the EU, Japan and New Zealand.
  • Arguments for internet service provider liability for knowing facilitation of infringement.
  • US advocacy of global implementation of a Digital Millennium Copyright Act (DMCA) style enforcement protocol.
  • Advocacy by some countries of limiting ACTA civil enforcement provisions to trademarks and copyrights and not to all intellectual property.
  • The EU is seeking injunctive powers against infringing intermediaries.

For more information check out the article on Michael Geist’s Blog.

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