Leaked TPP Draft Reveals Tough Anti-Piracy Measures

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Today Wikileaks released a new draft of the secretive Trans-Pacific Partnership (TPP) agreement. The intellectual property chapter covers a wide range of issues, from increased ISP liability, through extended copyright terms to criminalizing non-commercial piracy.

copyright-brandedThe Trans-Pacific Partnership, an agreement aimed at strengthening economic ties between the United States, Canada, New Zealand, Japan and eight other countries in the region, has been largely shrouded in secrecy.

Today whistleblower outfit Wikileaks sheds some light on the ongoing negotiations by leaking a new draft of the agreement’s controversial intellectual property chapter.

The draft dates back to May 2014 and although it’s far from final, some significant progress has been made since the first leak during August last year.

For example, the countries have now agreed that a new copyright term will be set in the agreement. No decision has been made on a final term but options currently on the table are life of the author plus 50, 70 or 100 years.

The proposal to add criminal sanctions for non-commercial copyright infringement, which is currently not the case in many countries, also remains in play.

The leak further reveals a new section on ISP liability. This includes a proposal to make it mandatory for ISPs to alert customers who stand accused of downloading copyrighted material, similar to the requirement under the U.S. DMCA.

Alberto Cerda of Georgetown University Law Center points out that some of the proposals in the ISP liability section go above and beyond the DMCA.

“The most worrying proposal on the matter is that one that would extend the scope of the provisions from companies that provide Internet services to any person who provides online services,” Cerda told TorrentFreak.

This means that anyone who passes on Internet traffic could be held liable for the copyright infringements of others. This could include the local coffeehouse that offers free wifi, or even someone’s own Internet connection if it’s shared with others.

The leaked draft also adds a provision that would allow ISPs to spy on their own users to catch those who download infringing content. This is another concern, according to the law Professor.

“From a human rights viewpoint, that should be expressly limited to exceptional circumstances,” Cerda says.

It’s clear that the ISP liability section mimicks the DMCA. In fact, throughout the TPP chapter the most draconian proposals often originate from the United States.

Law Professor Michael Geist notes that Canada has been the leading opponent of many of the U.S. proposals, which often go against the country’s recently revamped copyright law. Geist warns that the TPP may eventually lead to tougher local laws as U.S. pressure continues.

“As the treaty negotiations continue, the pressure to cave to U.S. pressure will no doubt increase, raising serious concerns about whether the TPP will force the Canadian government to overhaul recently enacted legislation,” Geist writes.

Compared to the previous draft that leaked last year there are also some positive developments to report.

For example, Canada put forward a proposal that permits countries to allow exceptions to technological protection measures. This would makes it possible to classify DRM-circumvention as fair use, for example. A refreshing proposal, but one that’s unlikely to be approved by the U.S.

If anything, the leaked TPP chapter shows once again that there is still a very long way to go before a final draft is ready. After more than three years of negotiating many of the proposals are still heavily debated and could go in multiple directions.

That is, if an agreement is ever reached.

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