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Googlizon with Chrome eye beam What you say!!!

There has been a lot wailing and gnashing of teeth recently over a joint announcement by Google and Verizon of a legislative-framework proposal they’ve been working on.

Now, I’ve seen this variously referred to as a backroom deal or pact, a secret treaty, or a set of regulations Google and Verizon are imposing on the internet. The FCC is shamefully abdicating its responsibility to regulate the internet! Nevermind that the D.C. Circuit court determined recently in the Comcast case that the FCC has no such regulatory authority over broadband internet; hence, the calls to disastrously reclassify broadband internet access in order to place it under the same regulatory rules as regular telephone service. Some are even intimating that Google and Verizon are trying to “own” the internet. Net neutrality activists are up in arms about this proposal, viciously attacking Google for selling out and reversing its longstanding defense of net neutrality, and calling for people to stage a silly boycott of Google products and services. If you don’t join the herd, you get labeled a Google-Verizon apologist or it is insinuated that you are on their payroll (see comments on the CNET articles linked below, for example).

So what should libertarians make of all this?

[Keep reading…]

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I blogged a year ago about the “Secret intellectual property treaty [that] could profoundly change life on the Internet.” At the time, the text was still secret but it was believed that the treaty: “seeks to set forth standards for enforcing cases of alleged copyright and patent infringement.” Now, as Cory Doctorow notes in How ACTA will change the world’s internet laws, the text has been leaked. This thing is bad. America and the west have long tried to extend the reach of their mercantalist IP laws — they use the WTO to twist the arms of other countries, etc. (see, e.g., my previous posts Hatch’s “International IP Piracy Priority Watch List”; IP Imperialism (Russia, Intellectual Property , and the WTO); Russian Free Trade and Patents; Bush Wants More Jailed Citizens in Russia and China; China, India like US Patent Reform).

The ACTA is also similar to another arcane law, the Digital Millennium Copyright Act (DMCA), which, under the guise of protecting “property rights,” snuck in provisions that criminalize even the mere possession of technology that can be used to circumvent digital protection systems (see, e.g., my post TI Uses Copyright Law to Attack TI Calculator Enthusiasts). Likewise, under the guise or protecting property rights in inventions and artistic works (patent and copyright), it “seeks to provide legal authority for the surveillance of Internet file transfers and searches of personal property”. As one group notes, “ACTA goes way, way beyond the TRIPS (the copyright/patent/trademark stuff in the World Trade Organization agreement), creating an entirely new realm of liability for people who provide services on the net”. More invasion of personal liberty and property rights in the name of false, artificial property rights.

So the ACTA is like a hybrid of previous efforts: it is as abusive and insidious as the DMCA, and covers patents as well as copyrights. And it will apply worldwide. This is culmination of America’s efforts use of the WTO to extend western style IP rights worldwide. As Doctorow notes, this is “a radical rewriting of the world’s Internet laws, taking place in secret, without public input. Public input? Hell, even Members of Parliament and Congressmembers don’t get a say in this. The Obama administration’s trade rep says that the US will sign onto ACTA without Congressional debate, under an administrative decree.”

For detailed comments on the ACTA, please see the following report:

James Love, Comments on ACTA Provisions on Injunctions and Damages (pdf), KEI Research Note (Knowledge Ecology International, April 6, 2010).

[cross-posted at Mises blog]

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