Power given to anti-counterfeiting groups raises concerns
A proposed trade pact that is meant to help movie and music producers in their fight against counterfeits is raising concerns amongst privacy experts.
The pact, which was announced last October, does not need US Senate approval. Concerns are being raised regarding the private information that ISP providers would have to give to the movie industry.
One issue in question is how much help Internet service providers should provide in identifying pirates.
In the United States, the recording industry has subpoenaed Internet providers to identify the computers used to upload infringing material.
Handing such information to a corporation would be particularly controversial in Germany, Italy and Spain, where privacy laws are strict.
But the movie industry thinks privacy concerns are hindering efforts to protect intellectual property.
“Overly strict interpretations of national data privacy rules increasingly impede enforcement against an array of wrongs that occur on the Internet, including copyright theft,” the Motion Picture Association of America said in comments on ACTA to the Office of the U.S. Trade Representative.
“ACTA partners should ensure that the interpretation of data privacy rules appropriately balances the fundamental rights of privacy and property, including intellectual property, in such a way to encourage meaningful cooperation with telcos/ISPs,” the association said.
Consumer advocates say the legal battle over whether the movie industry can pursue DVD owners who copy a movie onto their computer for their own use — something that would be noncontroversial if the media was music or literature — exemplifies the erosion of fair use for consumers.

