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Senate debates cybercrime treaty







Senate debates cybercrime treaty

Senate debates cybercrime treaty 06/18/2004 09:27 AM

Privacy advocates oppose the measure on the grounds that it would promote "invasive investigative techniques."




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We've just wrapped up the second day of Broadcast Treaty negotations at the UN in Geneva, and once again, two colleagues and I took really extensive notes on the proceeding. Brazil and India gave amazing testimony today, and I was able to address the UN on DRM -- it was screamingly cool. We did a lot more editorializing today -- it's still hard to follow, but damn this is important. If we lose here, it's a disaster for the Internet and the PC.
* Brazil

- Article 5: National Treatment. We favor alternative J, irrespective of whether we agree on some kind of redefinition of the term "national." We reserve the right to come back -- possible at a future meeting -- to the issue of the rights conferred to the beneficiaries under the treaty.

[ed: note Brazilian implication that this business shouldn't be concluded at this session]

- Concentrate on Article 16, Technical Protection Measures [ed: AKA DRM]. Brazil is concerned with proposed inclusion of TPMs in proposed new treaty. Aware that similar provisions are in WCT and WPPT, but it's important to recall that those treaties were negotiated and adopted when there was little awareness regarding potential implications of use of TPMs. Since then, some years have gone by, and there's a growing widespread awareness that use of such measures can be quite detrimental to rights of consumers and public at large. Significant concern that anticircumvention has significant negative for exercise of rights exceptions and limitations in national laws. Important obstacle to access of public to public domain materia.

Inconsistent with necessary free flow of info so important to encourage innovation and creativity in the digital environment. All of Art 16 counters stated objectives of new treaty as referred to in preamble. Para recognizes need to maintain balance between rights of broadcasters and larger public interest.

This entire article should believe this entire article should be deleted from the text. Other delegates argue that e fact that we have these provisions in WCT and WPPTY mean that we should include them in this treaty. We disagree. Not pertinent to rights of broadcasting organizations.

[ed. Brazil is very courageous. -dt]

[ed. See EFF's Unintended Consequences report for some of the specific harms from adopting anticircumvention to which Brazil alludes. Brazil recognizes that previous treaties offer opportunity to learn from mistakes, not just blindly follow existing language. -ws]

[ed This is the best statement I've ever heard at a WIPO session. -cd]

Chairman: Access to information is near to my heart as well. This is not intended to cover DRM that locks up public domain material. If an industry or entity does this, then TPM protection shouldn't be available and circumvention should be lawful.

[ed. Since broadcasting isn't copyright, though, there's a wide range of new material locked up by new rights for broadcasters. Otherwise, there's no need for a treaty at all, since copyright and licensing of copyrights can cover the field. -ws]

[ed. It's a nice theory, but the DMCA enthusiastically covers the uncopyrightable, the public domain, and things that really shouldn't be thought of as copyright, like the way that garage door owners work or the secret of refilling a printer cart -cd]

Link

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I'm at the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights meeting in Geneva, Switzerland, along with the largest-ever public-interest coalition in WIPO history, We've all come to oppose the Broadcast Treaty (which will make the Web illegal and require the world's governments to mandate the design everything that can receive a signal, from a PC to a radio) and the proposed Database Treaty (which would let people who'd amassed public, uncopyrightable facts turn them into their exlusive property).

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* Brazil: We've been at this for ages. No real and substantive discussions have taken place. There's no clear understanding of the potential economic and social impact of database protection. A study that was comissioned by WIPO on database copying in Latin America indicated from the Latin American perspective that regulation is premature. It's detrimental to innovation, science, education, access, etc., particularily in developing countries. In the light of this we want to question the usefulness and convenience of maintaining this on the agenda. This isn't unfinished business, the lacklustre engagement of the committee tells us that this is business we don't want to engage in, and this gets in the way of other business we might choose to address. We ask to have this permanently deleted from the agenda.

* ALA: The database protection issue in US Congress is significantly controversial, highly unlikely to pass in this Congress. Agree with Brazil, let's take this off the table here. Congress called this a "Solution in search of a problem" -- there's more databases than ever, why do we need this. We don't see a consensus or a need for protection.

* Ecuador: On behalf of Latin American and Caribbean group, I would like to make a general statement. We don't think that this should be on the agenda now.

* India: Should everyone who produces work by sweat of the brow come here for protection? This isn't creative labour. There's no allegation of widespread copying of non-original databases. Even if there were, the question relevant for this organization is whether this body should be considering nonoriginal databases. Where there's no creativity, databases are assets; that's the apporpriate concern to address by misappropriation, but not intellectual property. Perhaps soem other rubric, some other forum is appropriate. Many entities need protection of sweat of brow assets but we shouldn't have all of them approaching WIPO for a remedy.

If EU wants to protect nonoriginal databases, EU can. It's important to leave industry space to develop. at this stage, we need a more careful learning process, not laws that inhibit industry rather than facilitate. Database protection is premature now. Even in long term, it may not be appropriate for WIPO. We recommend the issue be deleted from the Standing Committee's agenda.

* US delegation: We think that this should remain on the agenda. We need to exchange more information about what this is and how it works where it's been adopted.

Link

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Crime is now organized on the Internet. Operating in the anonymity of cyberspace, Web mobs with names like Shadowcrew and stealthdivision are building networks that help crackers and phishers, money launderers and fences skim off some of the billions that travel through the Web every day. 

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