EFF and Public Knowledge filed suit on September 17 2008 against the Office of the United States Trade Representative (USTR) demanding information about a secret intellectual property enforcement treaty that the government has put on a fast track to completion.
The United States Canada the European Community Switzerland Japan the Republic of Korea Singapore Australia New Zealand Mexico Jordan Morocco and the United Arab Emirates are currently negotiating the Anti-Counterfeiting Trade Agreement (ACTA). The full text of the treaty remains secret but a document leaked to the public shows that ACTA could include criminal measures increased border search powers and encouragement for Internet service providers to cooperate with copyright holders. Despite the significant impact ACTA could have on consumers and the lack of official information available to the public treaty proponents want a deal signed by the end of the year. Because of the questions raised by ACTA EFF and Public Knowledge filed a request under the Freedom of Information Act (FOIA) in June for records on the treaty and the negotiations surrounding the deal but the USTR failed to respond prompting the suit.
Updates
Legal Documents
EFF and Public Knowledge v. USTR
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June 16, 2009
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May 29, 2009
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May 29, 2009
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May 29, 2009
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April 20, 2009
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February 4, 2009
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January 30, 2009
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November 25, 2008
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October 30, 2008
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September 17, 2008
All Documents Released Under FOIA
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April 30, 2009
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April 30, 2009
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April 30, 2009
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January 28, 2009
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January 28, 2009
Article 1, Articles 51-62
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January 28, 2009
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January 28, 2009
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January 28, 2009
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January 28, 2009
Article 18.10.3-18.10.19.
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January 28, 2009
Article 18.10.19-18.10.25
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January 28, 2009
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January 28, 2009
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January 16, 2009
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October 15, 2008
Presentation by USTR's Stanford McCoy on ACTA. Presentations by Pfizer, Sony Music, MPAA.
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October 10, 2008
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October 8, 2008
Negotiation on criminal enforcement, civil enforcement
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September 22, 2008
Presentations by Stephen P. Jacobs, Deputy Assistant Sec for Market Access and Compliance, US Dept. of Commerce; Stanford McCoy, USTR
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July 14, 2008
European Crop Protection Association. Manufacture, distribution and supply of plant protection products.
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July 8, 2008
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June 10, 2008
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June 10, 2008
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June 2, 2008
Presentations by Janelly Fortou MEP [Rapporteur of 2004 IPRED1 Directive], Denis Olivennes [President of the French government's Olivennes Commission which recommended Three Strikes policy and Internet filtering, and Director General of major music rightsholder], Jean-Michel Jarre [musician] and Michael Shapiro [USPTO, sometime head of US delegation at WIPO] on Technical Measures of Protection and Comparison of Economic models".
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March 11, 2008
Guided tour of Albert Einstein exposition at Historical Museum and Swiss Parliament.
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March 3, 2008
Presentations to BASCAP GLG on ACTA by Ambassador Susan Schwab, on Consumer Education by WIPO's Michael Keplinger.
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December 18, 2007
Article about Andrew Strempler, founder of Canadian online pharmacy, RxNort.
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November 13, 2007
"Noted the proposal for a new international framework to strengthen IPR enforcment, 'ACTA (Anti-counterfeiting Trade Agreement)', and expressed hope that discussions might be accelerated for its materialization"; "agreed to support the Global Congress on Combating Counterfeiting and Piracy convened by the WCO, Interpol and WIPO for February 2008."; "agreed to participate in the discussion of the formal adoption of WCO's SECURE that promotes sharing of best practices in IPR enforcement, and to contribute to its capacity building activities."
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November 1, 2007
507 members, 402 businesses and 102 associations. References ACTA presentation by Stanford McCoy, USTRA, and Caroline Joiner of CACP Secretariat update on US Chamber of Commerc's initiative to engage intermediaries, including auction sites, search engines, ISPs, financial service providers and retailers in discourse with brand owners. Detection and Enforcement Task Force - developing plan to begin quarterly report of legal cases on these issues - coordinated by John Maltbie at Arnold Porter. Internet Task Force has developed best practices to reduce online counterfeiting and piracy. Draft docs being reviewed by search engines and auction sites. International Task Force met with USTR's Stan McCoy in October 2007 about opportunities for business community to support devlt of ACTA. Focusing on various fora including G8 and APEC. Legislative Task Force working with Congressional staff, expecting House to introduce IP Enforcement Bill in week of Nov 12, will contain many CACP recommendations.
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October 24, 2007
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October 23, 2007
Kevin Burke, President and CEO of AAFA: footwear and apparel products represented 36% and 14% respectively of all seized counterfeit goods by US Customs in first half of 2007.
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October 23, 2007
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October 23, 2007
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October 23, 2007
Sage Chandler statemetn - "unlawful commercial piracy"
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October 23, 2007
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October 23, 2007
Duplicate copy of CropLife Press Release - see doc. 11
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October 23, 2007
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October 23, 2007
Also contains Pharma Press Release dated 23 Oct 2007 in support of New Agreement Designed to Enforce Anti-counterfeiting Laws
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October 23, 2007
International Anti-Counterfeiting Coalition
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October 23, 2007
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October 23, 2007
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October 23, 2007
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October 23, 2007
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October 23, 2007
Duplicate copy of document 19.
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October 23, 2007
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October 23, 2007
"In addition, today's announcement furthers one of the goals contained in the important Council of Europe Cybercrime Convention which recognized that internet piracy should be a priority for law enforcement."
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October 23, 2007
Duplicate copy of document 18.
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October 23, 2007
US affiliate of ICC, BASCAP, and BIAC at OECD.
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October 23, 2007
Slide 9: Progress of negotiations - June 2008 - Geneva meeting - discussed border measures, July 2008, DC - discussed civil remedies, preliminary measures, preservation of evidence, damages, legal fees, costs; Oct 2008 - Tokyo - crime enforcement. Set of Q&As - Will ACTA rewrite US law? (no). Will require searching laptops or music players? (no) (slide 18).Notes that past FTAs have called for ex officio authority for border enfct - i.e. w/o a complaint. "But this in no way requires searches of travelers' music players or computers." Also see slide 19 on harm to public and "provide an easy source of funding for organized crime."
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October 1, 2007
Legilsation taskforce's work on submitting draft bill provisions to Senate Judy and House W& M; USTR Fact Sheet on ACTA dated Oct 2007.
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October 1, 2007
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September 1, 2007
STOP! Website - www.stopfakes.gov; DHS's ICE;trg and tech ass to foreign govt law officials; Lists work undertaken with various agencies (including APEC Model Rules - text missing), OECD (have commissioned study on impact of global counterfeiting and piracy; various country reports (much missing text).
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November 15, 2005
Presented to 17th APEC ministerial meeting, 15-16 November 2005, Busan, Korea.
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October 17, 2003
Submitted to APEC by US on behalf of APEC/ IPEG
Significant Documents Released Under FOIA
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January 16, 2009
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January 16, 2009
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July 29, 2008
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July 24, 2008
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June 3, 2008
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June 3, 2008
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March 3, 2008
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November 14, 2007
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October 1, 2007