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14 - ACTA and the Future of Access to Knowledge in the Digital Environment

US Enforcement Trends as a Global Predictor

Published online by Cambridge University Press:  05 December 2014

Annemarie Bridy
Affiliation:
University of Idaho College of Law
Pedro Roffe
Affiliation:
International Centre for Trade and Sustainable Development
Xavier Seuba
Affiliation:
Université de Strasbourg
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Summary

Introduction

This chapter considers ACTA’s impact on access to knowledge by focusing on two provisions that have the potential to undermine the public’s right to transmit and receive lawful information over the Internet. The first of these is the “cooperative efforts” provision in the section on enforcement in the digital environment. The second is the seizure provision in the section on civil enforcement. Neither provision appears on its face to threaten the public’s exercise of expressive rights on the Internet; however, recent enforcement trends in the United States foreshadow how each could be implemented to limit communicative freedom online, with little or no due process of law.

The cooperative efforts provision encourages the privatisation of online copyright enforcement pursuant to business agreements designed for the benefit of ISPs and copyright owners. Such agreements become binding on Internet users through terms of service drafted unilaterally by ISPs and presented to users on a “take it or leave it” basis. The contractual enforcement arrangements that result from cooperative efforts may displace flexibilities and consumer protections guaranteed under public law. When they do, Internet users will generally be left without judicial recourse because users formally consent to terms of service when they open their accounts.

Type
Chapter
Information
The ACTA and the Plurilateral Enforcement Agenda
Genesis and Aftermath
, pp. 236 - 243
Publisher: Cambridge University Press
Print publication year: 2014

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References

Bridy, A. (2012). “Graduated Response American Style: ‘Six Strikes’ Measured against Five Norms”. Fordham Intellectual Property, Media & Entertainment Law Journal 23(1)Google Scholar
LaFrance, M. (2012). “Graduated Response by Industry Compact”. Cardozo Arts & Entertainment Law Journal 30(2):165–186Google Scholar
Garretson, H. (2008). “Federal Criminal Forfeiture: A Royal Pain in the Assets”. Review of Law and Social Justice 18(1):45–77Google Scholar

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