I see that economics blogger Brad DeLong is celebrating his first DMCA takedown notice. For those not in on the jargon, the Digital Millenium Copyright Act (DMCA) allows copyright holders to demand that a web site take down any content which is alleged to violate their copyright. Needless to say, this has been abused frequently by large corporations seeking to stifle free expression (such as critical comment). But at least the DMCA provides a process to challenge a takedown notice.

Enjoy that smidgen of due process while it lasts. The Electronic Frontier Foundation reports that the secret negotiations for the international Anti-Counterfeiting Trade Agreement (ACTA) are including draconian provisions:


The "third party" here is your ISP. What this means is that if you share files on the Internet, your ISP can be held legally responsible, even though they're only providing you a communications channel and not hosting the content. (This is like holding the phone company responsible if you read passages aloud from Atlas Shrugged during a phone call.) Predictable consequences: (1) ISPs will be required to monitor all of your Internet traffic; (2) ISPs will shut down your connection at the slightest hint of legal liability.

And that hint will be quick in coming:


"Three Strikes" refers to the requirement that, after three accusations of copyright infringement, your ISP is required by law to cut off your Internet connection. The allegations don't need to be proven in court, or even substantiated with evidence. Three accusations and you're off the 'net. (France tried this and it was promptly found unconsitutional there.)

"Graduated Response" means that on the first accusation, you get a warning. On the second, your Internet access is throttled or temporarily suspened. On the third, you're cut off, for good.

There's no protection against frivolous or spurious accusations. And remember, these are the guys that accused a laser printer of illegal file sharing.

That the U.S. negotiators -- with no push from Congress -- would take this despicable position in trade negotiations means that the Obama Administration is enthusiastically kissing the backside of the RIAA, MPAA, Disney, and similar corporate thugs. Their self-arrogated "rights" count for everything. Your moral, legal, historical, and constitutional rights count for nothing.

P.S. Michael Geist has also been following this.