Besides the lack of transparency in the negotiations, MEPs have concerns about provisions which would dictate how intellectual property protection in EU member states would work.
This would include what's covered, for how long, and even the definition of fair use and types of penalties for infringement. In other words it could require a substantial rewrite of most European IP law.
They are also concerned about language that could be at odds with EU privacy rights. They are demanding that the European Commission provide proof that no fundamental rights would be impacted.
The resolution "Calls on the Commission to conduct an impact assessment of the implementation of ACTA with regard to fundamental rights and data protection," and "consult with Parliament in a timely manner about the results of the assessment."
In addition they want to make sure future ACTA negotiations are open to scrutiny by Parliament. They want this to be addressed during the next round of ACTA negotiations in April, and expect an immediate report when those talks conclude.
And what will they do if the European Commission doesn't comply with their demands? According to the resolution, their options include "bringing a case before the Court of Justice in order to safeguard its prerogatives."
A recent draft of the treaty reportedly doesn't require laws to kick people offline after repeated accusations of copyright infringement. Instead ISPs would apparently be required to insert similar terms into service agreements.
The effect would be the same, but arguably with less oversight or legal recourse for the accused. The resolution addresses this, saying "the proposed agreement should not make it possible for any so-called ‘three-strikes’ procedures to be imposed."
MEPs also addressed an issue which has become somewhat lost in the ACTA debate, but which was in fact a highlight of the first ACTA leak back in 2008.
On the issue of warrantless searches and seizure at international borders, they urged the Commission to ensure "no personal searches will be conducted at EU borders," and requested "full clarification of any clauses that would allow for warrantless searches and confiscation of information storage devices such as laptops, cell phones and MP3 players by border and customs authorities."
Written by: Rich Fiscus @ 10 Mar 2010 12:21
