http://www.global-congress.org/

1. When Trade Agreements
Threaten Freedom
Carolina Rossini
Director for International Intellectual Property
carolina@eff.org

2. It’s so easy that we take it for
granted.

3. BUT
If we take freedom for granted,
even in obscure trade
agreements, we may allow those
agreements to impede
technological innovation and
public interest.

4. Conscious Choice To Be Open

5. Three takeaways
• Complex rights issues are being negotiated in non-
transparent, non-democratic fora, undermining WTO
and WIPO and national efforts of policy and law
making => Policy laundering
• Copyright holder rights are expanding and ISPs are
being pressured, while exceptions and limitations/fair
use are being threatened
• We all have our roles > awareness raising, capacity
building, influencing the policy making process, taking
the streets

6. • TRIPS did not turn out to be, as many
developing countries had hoped, the end of
multinational companies’ plans for the
globalization of intellectual property rights.
Peter Drahos

7. Source: WTO, Staff Working Paper ERSD-2012-21 https://www.wto.org/english/res_e/reser_e/wpaps_e.htm

8. The interconnections among hub-and-spoke systems create
networks that transmit IP provisions across RTAs, and
eventually from one domestic IP regime to another.
Source: WTO, Staff Working Paper ERSD-2012-21 https://www.wto.org/english/res_e/reser_e/wpaps_e.htm

10. • The Anti-Counterfeiting Trade Agreement is an
agreement to create new global IP
enforcement standards, which was negotiated
from 2007-2010 by the U.S., the EU, Canada,
Australia, New Zealand, Mexico, Singapore,
Morocco, Jordan, Japan and South Korea.

11. • The final text of ACTA (link to October 2011
test) does not expressly mandate Internet
intermediaries to disconnect Internet users for
repeat allegations of copyright infringement;
• BUT article 27 opens doors – including
incentives for public/private cooperation for
enforcement.

13. CETA

16. Scope
• to extend restrictive intellectual property
(IP) laws across the globe and rewrite
international rules on its enforcement.
• Express goal of USA > APEC members:
• 21 countries: 40% of world’s population

19. • Like ACTA, the TPP Agreement is a plurilateral
agreement that will be used to create new
heightened global IP enforcement norms.
• Countries that are not parties to the negotiation
will likely be asked to accede to the TPP as a
condition of bilateral trade agreements with the
U.S. and other TPP member

20. Digital Locks

21. Impacts of DMCA Extension
• Overrides national copyright law exceptions.
• Chilling effect on scientific research and publication.
• Anti-competitive misuse.
• Stifled technological innovation and creation of
interoperable devices.
• Threatened free and open source software
See: “Unintended Consequences: 12 Years Under the DMCA @
http://www.eff.org/unintendedconsequences
https://www.eff.org/document/tpp-tpms-and-civil-rights-presentation

22. TPP article 16.3 mandates a system of ISP liability that pushes a
framework beyond ACTA and possibly the spirit of the DMCA, since it
opens the doors to:
• Three-strikes policies and laws that require Internet intermediaries
to terminate their users’ Internet access on repeat allegations of
copyright infringement
• Requirements for Internet intermediaries to filter all Internet
communications for potentially copyright-infringing material
• ISP obligations to block access to websites that allegedly infringe or
facilitate copyright infringement
• Efforts to force intermediaries to disclose the identities of their
customers to IP rightsholders on an allegation of copyright
infringement.

23. E&L at risk > 3-step-test debate
• to define the freedom of signatory countries to
create “exceptions and limitations” to copyrights.
• The US + Australia (+ Peru)
• depending on the actual text and its interpretation,
the three-step test will actually restrict fair use and
other copyright exceptions and limitations

24. • Fair use accounted for more than $4.5 trillion in
annual revenue
• Has also generated jobs > 233000, just in California
• Fastest growing sector > ITC based on fair use
• Investors and VC would stop investing if something
like SOPA/PIPA was passed
• There has been a increase in the production of
cultural goods
• More at: https://www.eff.org/deeplinks/2012/09/copyright-and-campaign-misinformation-new-study-affirms-less-
copyright

25. • If Australia expands fair use • The 2012 study showed that flexible fair
use showed positive impact in the growth
alongside with safe harbors of tech companies
for ISPs, there is a potential
of an extra $600 million on • Singapore fair use amendments are
their economy correlated with a 3,33% increase in value
added (%GDP growth) = this resulted in a
• Australia sector relying on total increase of 2.27 billion for private
fair use contributes to 14% tech companies as of 2010 (5 years of
expanded fair use implemented)
of Australia’s GDP = $182
billion per year • Before this policy change, tech industry
in Singapore was in recession
• More at
https://www.eff.org/deeplinks/2012/09/co
pyright-and-campaign-misinformation-new- • AND THERE WAS no significant change in
study-affirms-less-copyright the copyright industry sector

26. International negotiations may seem abstract
and obscure.
But a trade agreement or treaty do become
national law.
Secrecy negotiations are not democratic,
violate the open government principles

27. If we take freedom for granted,
even in obscure trade
agreements, we may allow those
agreements to impede
technological innovation and
public interest.

28. SO WE MUST
TAKE ACTION ANYWAY

29. Obrigada - carolina@eff.org

30. Global Chokepoints is an online resource created to
document and monitor global proposals to turn
Internet intermediaries into copyright police. These
proposals harm Internet users’ rights of privacy, due
process and freedom of expression, and endanger
the future of the free and open Internet.
https://globalchokepoints.org/