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Thanks for posting this. It's concerning that these 'treaties' are being repeatedly floated by the USTR. They're actively circumventing due process and establi
by snsr 16y ago
Thanks for posting this. It's concerning that these 'treaties' are being repeatedly floated by the USTR. They're actively circumventing due process and established law. Third party liability for ISPs and other online service providers is particularly concerning to me.
Some of the more onerous/draconian highlights:
- Each Party shall establish or maintain a system that provides for pre-established damages, which shall be available upon the election of the right holder
- Requires criminal enforcement for technological measures beyond WIPO Internet Treaties, even when there is not copyright infringement (art. 5.9)
- Impose a legal regime of ISP liability beyond the DMCA standards (art. 16.3)
- Requires legal incentives for service providers to cooperate with copyright owners in deterring the unauthorized storage and transmission of copyrighted materials; (art. 16.3.b.vi.A)
- Requires identifying internet users for any ISP, going beyond U.S. case law (art. 16.3.b.xi)
- Includes the text of the controversial US/KOREA side letter on shutting dow