The actual document was released last year by Wikileaks. http://wikileaks.org/wiki/Talk:Proposed_US_ACTA_plurilateral_intellectual_property_trade_agreement_%282007%29 This is old news.
> first off, this will impose a "three strikes and your out" type of policy.
Not mentioned anywhere.
> [The ACTA proposition] would force ISP's around the globe to police and monitor the web at their own legal liability...
Actually, it mentions "safeguards for ISPs from liability." Your prediction of Youtube and other large sites getting blocked is not very likely. Net neutrality is an important issue, but it is not threatened by the ACTA.
> if they were to find any copyrighted content on your device they could do whatever with it, and send you the bill for copyright infringement
Searching through the vast potpourri of people's media storage devices for copyrighted material would be impractical. If the assumption were simply made that any copyrighted material stored on the device was illegal, I can almost guarantee it would be shot down by the Supreme Court as a Constitutional infringement.
> this treaty would also enforce mandatory punishments on breaking electronic content's DRM, regardless of the excuse.
The proposition does vaguely mention "remedies" against DRM circumvention, but more likely law enforcement would target the purchasing of modchips, jailbreakers, and the such overseas, making them harder and riskier to acquire.
The most annoying part of this proposition is the mention of copyright holders receiving insufficient compensation for infringements due to not being able to assess the "full extent of damage" caused by violations. There have been successful lawsuits for ridiculous sums of money over only a few 128kbit MP3s shared on crappy networks like Kazaa. I think they have no trouble mathematically projecting damages to the absolute unrealistically maximum extent. There is also is the mention of the ambiguous "[a]uthority to order ex parte searches." Indeed, searches in America cannot be ordered without a warrant, and the document does not specify whose authority that privilege would be.
Despite the proposition's name, topics regarding counterfeiting in third world countries are vaguely left as "measures" to be taken and would be difficult to enforce or implement. In the third world, piracy is rampant and contributes to economic livelihood because legitimately imported media from developed nations would simply be too expensive to import and sell in those poorer markets.
My primary concern is that intellectual property infringements, along with things like kiddie porn and terrorism, are all too easily used as a scapegoat for implementing laws that are in certain groups' interests without really addressing the issues.
Last edited 09/12/20(Sun)04:44.