The controversial Anti-Counterfeiting Trade Agreement (ACTA), a treaty that aims to establish a broad new range of international copyright enforcement standards (e.g. such as through broadband ISPs or at airports etc.), has today been officially signed by the European Union (EU) and 22 of its Member States at Japan's Ministry of Foreign Affairs.

Critics of the treaty claim that it risks turning internet providers into an unofficial copyright police force, among many other things, and has been allowed to bypass normal due process. The latter complaint is often made because of ACTA's questionable status as a "trade agreement", which doesn't attract the same degree of government scrutiny.


In fairness ACTA has since been watered down (here) and now contains some additional, if admittedly ambiguous, references to preserving fundamental principles (i.e. freedom of expression, fair process and privacy). Crucially the European Commission (EC) stated last year that "neither personal searches nor the so-called ‘three strikes’ [ISP piracy warning letter] procedure will be introduced" by ACTA. But that hasn't quelled all of the concern.


So far none of this has stopped the EU, Australia, Canada, Japan, South Korea, Morocco, New Zealand, Singapore and the United States from signing up (Germany, Netherlands, Estonia, Cyprus and Slovakia did not sign); with more to follow. It's also unlikely to have a huge impact upon UK ISPs because our domestic law (Digital Economy Act), which is still being held up by technical and legal challenges, are already considerably more advanced.

Attention will now turn to the European Parliament (EP), which still has the power to block ACTA but it probably won't. The parliament already cleared the final text back in November 2010 (here) when they described it as a "step in the right direction". A final vote is due before June 2012.

UPDATE 27th January 2012

Kader Arif, whom was appointed by the European Parliament (EP) to investigate ACTA, has quit his role as rapporteur and launched a scathing attack on the treaty. It certainly makes for an interesting read.


Ouch.