Does ACTA Kill Online Anonymity?

from the it-might... dept

Each Party shall enable right holders, who have given effective notification to an online service provider of materials that they claim with valid reasons to be infringing their copyright or related rights, to expeditiously obtain from that provider information on the identity of the relevant subscriber.

Let's say I am an oppressive regime. One of the very few ways my citizens can reach me is by videotaping and publicizing my brutal methods of silencing protesters (warning, disturbing link). Now, not only can I use bogus takedown requests to pull down those videos (think a global DMCA) but I can also get the private information of the poster.

With the full draft of ACTA leaked, lots of people have been highlighting the various lowlights found in the draft. Andrew Moshirnia, over at the Citizen Media Law Project, has picked up on another one. If you read the draft, it appears to remove due process in revealing anonymous users . While other countries have viewed anonymity differently, in the US, at least, the courts have been very strong defenders of the right to anonymous speech. But the ACTA draft includes this fun tidbit:In other words, as long as someone makes a copyright claim -- bogus or not -- ISPs should be required to give up who the user is. Once again, this appears to be contrary to US law. The RIAA made this argument in the US years ago, and Verizon fought back and (eventually) won , as judges noted that ISPs did not just have to hand over information without a lawsuit being filed and an official subpoena issued. So much for ACTA not changing US law, right?But, an even bigger concern may be how other countries implement this as well. We've already noted that China will likely use ACTA as justification for greater censorship, but Moshirnia points out that authoritarian regimes may start (ab)using it to unveil anonymous internet users as well:So why is anyone supporting ACTA again?

Filed Under: acta, anonymity, copyright