[fyeg_gen-l] ACTA: Letter to the EU Parliament Development Committee

Dante-Gabryell Monson dante.monson at gmail.com
Wed Jan 25 15:57:26 CET 2012


Thanks also to Ska for her support on the Acta issue ! ( cc: Federation of
Young European Greens Mailinglist )

more details below

On Wed, Jan 25, 2012 at 2:38 PM, KELLER Franziska <
franziska.keller at europarl.europa.eu> wrote:

> **
> Dear Dante
>
> thanks a lot for your mail and for voicing the concerns about ACTA, which
> we fully share!
>
> The Anti-Counterfeiting Trade Agreement (ACTA) would indeed strengthen
> intellectual proprety rights holders' means for privatised policing, while
> protections for users are not adequately enforced. It would introduce
> voluntary cooperation between internet access providers and rights holders,
> creating a danger of French-like "3-strikes" penalties even without due
> judicial process. Even the European Court of Justice in its ruling of 24
> November 2011 said that blocking or filtering internet acces is not an
> appropriate measure for fighting copyright violations. ACTA would also
> impose civil damages for file-sharing that are disproportionate, because
> they may be only based on the retail value of shared files, without any
> assessment of the real loss in sales. ACTA also will make access to
> generical pharmaceuticals more difficult for developing countries if they
> are shipped through harbours of ACTA signatories such as Europe or the
> United States.
>
> ACTA was only started because some industrialised countries could not
> continue their IPR enforcement agenda in legitimate multilateral
> organisations such as WIPO or WTO anymore, because of resistance by
> developing countries and emerging economies. So they moved towards
> closed-door secret negotiations with a coalition of the willing. ACTA
> negotiation documents have still not been made public, and the draft
> negotiation texts have only been released after heavy pressure from the
> European Parliament.
>
> Greens/EFA in the European Parliament have been fighting this dangerous
> agreement for the last two years. We commissioned two studies on its impact
> on fundamental rights and on access to medicine, which clearly show the
> dangers of ACTA. We have worked closely with the NGO and activist
> community, and we have taken the necessary steps to clarify how ACTA can be
> sent to the European Court of Justice. You can find all information about
> our activities at <*http://en.act-on-acta.eu* <http://en.act-on-acta.eu/>>.
>
>
>  More information:
>
> * Greens/EFA press release on the signing of ACTA: *
> http://www.greens-efa.eu/anti-counterfeiting-trade-agreement-acta-5089.html
> *<http://www.greens-efa.eu/anti-counterfeiting-trade-agreement-acta-5089.html>
>
> * Position of European intellectual property professors on ACTA ("Hannover
> Opinion"): <
> *http://www.iri.uni-hannover.de/tl_files/pdf/ACTA_opinion_200111_2.pdf*<http://www.iri.uni-hannover.de/tl_files/pdf/ACTA_opinion_200111_2.pdf>
> >
>
> * Studies on ACTA commissioned by Greens/EFA:
>
> * ACTA and Access to Medicines, <
> *http://rfc.act-on-acta.eu/access-to-medicines*<http://rfc.act-on-acta.eu/access-to-medicines>>
>
>
> * Compatibility ACTA with the European Convention on Human Rights & the EU
> Charter of Fundamental Rights, <
> *http://rfc.act-on-acta.eu/fundamental-rights*<http://rfc.act-on-acta.eu/fundamental-rights>>
>
>
> * Mexican Senate urged its government not to sign ACTA, <
> *http://www.senado.gob.mx/index.php?id=9376&lg=61&mn=2&sm=2&ver=sp*<http://www.senado.gob.mx/index.php?id=9376&lg=61&mn=2&sm=2&ver=sp>>
>
>
> * FFII blog on ACTA: <
> *http://acta.ffii.org/* <http://acta.ffii.org/>>
>
> * ACTA text: <
> *http://trade.ec.europa.eu/doclib/html/147937.htm*<http://trade.ec.europa.eu/doclib/html/147937.htm>>
>
>
> Best wishes
>
> Ska
>
>
>
>  ------------------------------
> *From:* Dante-Gabryell Monson [mailto:dante.monson at gmail.com]
> *Sent:* 24 January 2012 17:05
> *To:* KELLER Franziska; GREZE Catherine
> *Cc:* FYEG 1; LÖVIN Isabella; SARGENTINI Judith; STAES Bart
> *Subject:* ACTA: Letter to the EU Parliament Development Committee
>
>  Thank you for considering the following
> *Letter - **by la Quadrature du Net -*
> *to the EU Parliament Development Committee<https://www.laquadrature.net/wiki/MEPs_DEVE>
> *
> *
> *
> which includes green representatives *Franziska Keller* and *Catherine
> Greze*
> *( Isabella Lövin , **Judith Sargentini , and **Bart Staes as substitutes
> ) *
>
> Some of the main points are :
>
>
>    - *ACTA turns Internet companies (ISPs, service providers) into a
>    private copyright police by forcing to take legal responsibility for what
>    their users do online.*
>    - *ACTA brings broad and dangerous criminal sanctions in loosely
>    defined way.*
>    - *ACTA bypasses democracy and opens the door to a parallel
>    legislative process, which the European MPs should be particularly angry
>    about.*
>
>
> ---------- Forwarded message ----------
> From: La Quadrature du Net <jz at laquadrature.net>
> Date: Tue, Jan 24, 2012 at 3:14 PM
> Subject: [fcf_discussion] ACTA: Letter to the EU Parliament Development
> Committee
> To: fcforum_discussion at list.fcforum.net
>
>
> Themes: EU, TRADE, ACTA, COPYRIGHT, INTERNET, ACCESS TO MEDICINES,
> INNOVATION
>
> La Quadrature du Net - For immediate release
>
> Permanent link:
> https://www.laquadrature.net/en/acta-letter-to-the-eu-parliament-development-committee
>
>
> ACTA: Letter to the EU Parliament Development Committee
>
>>    To: Members of the DEVE committee
>
>    Subject: Exchange of views on ACTA : Crucial issues need to be
> considered
>
>    Dear Member of the Development Committee,
>
>    Today, you will hold a first exchange of views on the draft opinion
> report presented by Mr. Jan Zahradil on ACTA. We write to you to express
> grave concerns regarding the substance of this draft report.
>
>    Many crucial issues raised by ACTA are completely overlooked. In
> particular, the fact that its negotiators purposefully chose to bypass
> international forums, such as WTO and WIPO. Last year, leaked US diplomatic
> cables showed that from the beginning, ACTA was designed to be imposed on
> developing countries, while excluding them of the negotiation process.[1]
> This all the more shocking that many NGOs such as Oxfam, Doctors Without
> Borders and Health Action International have shown that ACTA would have
> negative consequences on the legitimate trade of generic medicines.[2]
>
>    Moreover, several advocacy groups also stress that ACTA's digital
> chapter will export to developing countries several civil and criminal
> measures to fight the sharing of online culture. ACTA would provide the
> legal justification for measures such as those proposed in the extremist
> copyright bills discussed by the US Congress (known as “PIPA” and “SOPA”).
> Though these US bills have been shelved after huge online protests, ACTA
> would pave the way for similar extra-judicial measures undermining freedom
> of speech online and innovation in the digital economy. It would have
> dramatic consequences, especially in countries that don't have the same
> fundamental rights protections as the EU. [3]
>
>    Finally, ACTA has absolutely no democratic legitimacy. Indeed, it was
> drafted by a small group of unelected officials in charge of promoting the
> interests of rights holders in their respective countries — not by
> legitimate democratic representatives. And now, Members of the European
> Parliament are asked to approve these new criminal sanctions without the
> possibility to amend them. If ACTA were to be ratified in Europe, it would
> undermine the very democratic values on which the Union was founded.
>
>    As protectors of the public interest, we trust that you will fully
> consider these important issues, and amend the draft report to that effect.
>
>    Sincerely,
>
>    La Quadrature du Net.
>
>    1.
> http://www.laquadrature.net/en/wikileaks-cables-offer-new-insight-on-the-history-of-acta
>    2. http://www.laquadrature.net/wiki/Against_ACTA
>    3. http://www.laquadrature.net/en/node/4104/
>>
>
>
> * References *
>
> 1. When finalized, this “opinion” will complement the main report in the
> International trade (INTA) committee, which will be presented in plenary
> along with the yes/no vote, in the next months. See the draft opinion
> report:
> http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML%2bCOMPARL%2bPE-478.666%2b01%2bDOC%2bPDF%2bV0%2f%2fEN
> 2. https://memopol.lqdn.fr/europe/parliament/deputy/JanZahradil/
> 3.
> http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&reference=DEVE-OJ-20120124-1&language=EN
>
>
>
>
>
> *** Paris, 24 January 2012 – Today, La Quadrature du Net sent a letter to
> the Members of the Development committee of the European Parliament. All
> citizens should also call on the committee to carefully consider the many
> serious issues raised by ACTA, the anti-counterfeiting trade agreement
> aimed at establishing extremist standards in copyright, patent and
> trademarks worldwide. ***
>
> The “Development” committee (DEVE) of the EU Parliament is starting its
> work on ACTA by debating its draft opinion report [1] on ACTA, presented by
> its rapporteur Jan Zahradil [2], a conservative, euro-skeptic
> representative from the Czech Republic. The DEVE committee will meet around
> 4:30 pm today to discuss ACTA [3].
>
> To underline the crucial issues raised by ACTA, La Quadrature du Net has
> sent a letter to the members of the DEVE committee. La Quadrature stresses
> in particular how ACTA was — from the beginning of the negotiations — meant
> as an agreement to be imposed on developing countries. The letter also
> points to the human rights concerns regarding the impact of ACTA on access
> to medecines and free speech online. Finally, the letter insists on ACTA's
> lack of democratic legitimacy.
>
> Every citizen can contribute to defeat ACTA by contacting members of the
> EU Parliament (MEPs) and informing them of this illegtimate agreeement's
> dangers and the need to reject it.
>
> La Quadrature has set up a wiki campaign page to help you get in touch
> with MEPs in the DEVE committee:
> https://www.laquadrature.net/wiki/How_to_act_against_ACTA:_DEVE
>
>
>
> ** About la Quadrature du Net **
>
>
> La Quadrature du Net is an advocacy group that promotes the rights and
> freedoms of citizens on the Internet. More specifically, it advocates for
> the adaptation of French and European legislations to respect the founding
> principles of the Internet, most notably the free circulation of knowledge.
>
> In addition to its advocacy work, the group also aims to foster a better
> understanding of legislative processes among citizens. Through specific and
> pertinent information and tools, La Quadrature du Net hopes to encourage
> citizens' participation in the public debate on rights and freedoms in the
> digital age.
>
> La Quadrature du Net is supported by French, European and international
> NGOs including the Electronic Frontier Foundation, the Open Society
> Institute and Privacy International.
>
> List of supporting organisations:
> https://www.laquadrature.net/en/they-support-la-quadrature-du-net
>
>
> ** Press contact and press room **
>
> Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675<%2B33%20%280%29615%20940%20675>
>
> http://www.laquadrature.net/en/press-room
>
>
>
> -----
> +info http://list.fcforum.net/wws/info/fcforum_discussion
> ----
>
>
>
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