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Canada Privacy Politics Your Rights Online

TPP Copyright Chapter Leaks: Website Blocking, New Criminal Rules On the Way 258

An anonymous reader writes: Knowledge Ecology International (KEI) [Wednesday] morning released the May 2015 draft of the copyright provisions in the Trans Pacific Partnership (copyright, ISP annex, enforcement). The leak appears to be the same version that was covered by the EFF and other media outlets earlier this summer. Michael Geist unpacks the leaked documents, noting the treaty includes anti-circumvention rules that extend beyond the WIPO Internet treaties, new criminal rules, the extension of copyright term for countries like Canada and Japan, increased border measures, mandatory statutory damages in all countries, and expanding ISP liability rules, including the prospect of website blocking for Canada.
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TPP Copyright Chapter Leaks: Website Blocking, New Criminal Rules On the Way

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  • They will strangle (Score:5, Insightful)

    by catmandue ( 1132331 ) on Wednesday August 05, 2015 @09:53PM (#50260245)
    The goose that lays the golden egg that is the internet one day.
    • by Lead Butthead ( 321013 ) on Wednesday August 05, 2015 @09:58PM (#50260267) Journal

      and considering the utter populace indifference, they will prevail.

      • The populace is hardly indifferent. Look at the mass amount of letters and phone calls and emails sent in during the SOPA and PIPA hearings, or during the FCC "Fast Lane" proposal. I'm sure you've heard the term "bread and circuses" - screwing with the Internet is the modern equivalent of taking away the circuses. If TPP wasn't being held entirely behind closed doors with only occasional leaks to inform the public, there would be a massive outcry about it as well.

        • by PopeRatzo ( 965947 ) on Wednesday August 05, 2015 @11:11PM (#50260559) Journal

          The populace is hardly indifferent. Look at the mass amount of letters and phone calls and emails sent in during the SOPA and PIPA hearings, or during the FCC "Fast Lane" proposal. I'm sure you've heard the term "bread and circuses" - screwing with the Internet is the modern equivalent of taking away the circuses.

          The "mass amount of letters and phone calls" mean absolutely nothing and will in no way stop the lockdown of the Internet. And as long as there are cat pictures on YouTube and Reddit forums for people to vent their 2 minutes hate, and plenty of stuff to buy from Amazon, that's all the "circuses" that most people care about. As long as there's online porn, most people don't care who's listening in, because they think their browser's "incognito" setting is protecting them.

          • by Sir_Substance ( 3966527 ) on Thursday August 06, 2015 @09:15AM (#50262147)

            >And as long as there are cat pictures on YouTube and Reddit forums for people to vent their 2 minutes hate, and plenty of stuff to buy from Amazon

            All three are under attack.

            1. People are increasingly looking at things like funny looking cats as things to incorporate around:

            https://en.wikipedia.org/wiki/... [wikipedia.org]

            Realistically, lawsuits over the ownership of dank memes are a few years away tops.

            2. Reddit is increasingly working at *not* being a place for people to vent their two minute hate, as are facebook and twitter and githhub. Pretty much all corporate entities oriented around community contributions are stressing out about being seen as proponents of hatespeech and clamping down on it.

            3. Nations around the world are scrambing to add GST/VAT/other_sales_tax to digital goods and online purchases. There's a solid chance that moving goods through Europe may become harder and more paperwork-heavy in the next few years.

            • 2. Reddit is increasingly working at *not* being a place for people to vent their two minute hate

              Reddit is playing a shell game with hate groups. Now you see them, now you don't, but it's still the biggest host for online hate groups on the Internet. It's picking off the low-hanging fruit, but leaving the orchard alone.

              Your other points are valid, but I'm not sure we'll see people claiming ownership of dank memes. I won't say "never" though.

        • by fustakrakich ( 1673220 ) on Wednesday August 05, 2015 @11:44PM (#50260655) Journal

          Look at the mass amount of letters and phone calls and emails sent in during the SOPA and PIPA hearings

          They had no effect whatsoever. It wasn't until Google, Apple, HP, etc got involved did anybody listen. We simply don't have the capital to direct anything. People could try voting for different politicians I suppose, but they seem unwilling out of the irrational fear of losing what they have.

          • This was the genius of the whole "white privilige" BS. It acts as a great way to separate people and get them riled up at each other rather than look around at the declining standards of living. Not unlike the witch hunt of "women in tech". BlackLivesMatter has been a useful idiot in this as well getting people riled up when the reality is that the most likely thing to take said black lives is definitely not a cop, as they know but don't want to discuss. Abortion, gun control, race relations are all gre
    • by Taco Cowboy ( 5327 ) on Wednesday August 05, 2015 @10:31PM (#50260375) Journal

      Internet may be the goose that lays the golden egg, to 99% of the people, but to the *ELITES* the same Internet has become a threat to their exclusivity

      Before the Internet the masses had no way to know what the *ELITES* were doing - yeah, we may have the trash rags with occasional pics of the *ELTES* doing _something_, but all in all the *ELITES* were well protected, even their scandals could be covered up easily

      With the advent of Internet, more and more of the scandals of the *ELITES* have been pried open and leaked into the wild. As more and more of the internal dealings are being known to the masses the status of the *ELITES* has started to crumble

      That is why for the *ELITES* the Internet is no necessarily the goose that lays the golden eggs. It is a big threat to them, and is becoming more and more threatening

      • Internet may be the goose that lays the golden egg, to 99% of the people, but to the *ELITES* the same Internet has become a threat to their exclusivity

        Before the Internet the masses had no way to know what the *ELITES* were doing - yeah, we may have the trash rags with occasional pics of the *ELTES* doing _something_, but all in all the *ELITES* were well protected, even their scandals could be covered up easily

        With the advent of Internet, more and more of the scandals of the *ELITES* have been pried open and leaked into the wild. As more and more of the internal dealings are being known to the masses the status of the *ELITES* has started to crumble

        That is why for the *ELITES* the Internet is no necessarily the goose that lays the golden eggs. It is a big threat to them, and is becoming more and more threatening

        You mean like...the printing press?

        Agreed though

    • Re: (Score:2, Insightful)

      by PopeRatzo ( 965947 )

      The goose that lays the golden egg that is the internet one day.

      That already happened some years ago. The goose was force-fed to make capitalist foie gras and has been turned into a shopping mall. A party-line system of communication where the powerful get to listen in.

      At this point, the Internet is nothing but part of the mechanism of control.

    • by jonwil ( 467024 ) on Thursday August 06, 2015 @10:17AM (#50262597)

      All through the 20th century if you created some content and wanted to distribute that content to a wide audience, you needed to go through a distributor who could distribute that content. These distributors would distribute your content (whether it be music, movies, TV shows, books, video games, magazines or whatever else) to the wide audience and would take their cut.

      But in the early years of the 21st century, things changed and new distribution methods have appeared that allow people to distribute their content (even paid content) to a wide audience without going through a big corporation middleman taking a cut.

      And now the big corporations are fighting back and trying to put the Internet genie back in the bottle and return to a world where companies like Comcast, Disney, 21st Century Fox, Time Warner, Viacom and Sony get to control what content is available to the general public.

      Its been said before but I am saying it again, the #1 problem with this world is the control of the worlds governments by big corporations. Find a way to end that and the roadblocks preventing many of the other problems with this planet from being fixed will disappear.

  • Well shit (Score:4, Insightful)

    by JWW ( 79176 ) on Wednesday August 05, 2015 @10:06PM (#50260291)

    At this rate you'll soon be able to smoke all the pot you want, but damn, if you download that song you'll be doing hard time.

    • Re:Well shit (Score:5, Interesting)

      by Mashiki ( 184564 ) <mashiki@gma[ ]com ['il.' in gap]> on Wednesday August 05, 2015 @10:09PM (#50260299) Homepage

      Funny enough in some countries that are pushing for 'hard time' for copyright infringement, I could commit manslaughter(maybe as much as 2nd degree) here in Canada and be out before they would be.

      • Re:Well shit (Score:5, Insightful)

        by ewibble ( 1655195 ) on Wednesday August 05, 2015 @10:16PM (#50260321)

        Well there is no bigger crime than potentially reducing the profits of corporations

        • Doesn't manslaughter do that too?

        • Reducing the profits of corporations is economic terrorism.

        • by Ogive17 ( 691899 )
          I'm suprised these companies have not sued convicted murders for damaged due to them eliminating one source of revenue stream from society. On top of that, they basically remove themselves as a functioning member of society so that is two revenue streams gone.

          Won't somone think of the non-value adding suits?
      • you can get less time for passing fake bills at movies.

      • by Areyoukiddingme ( 1289470 ) on Thursday August 06, 2015 @02:27AM (#50261065)

        Funny enough in some countries that are pushing for 'hard time' for copyright infringement, I could commit manslaughter(maybe as much as 2nd degree) here in Canada and be out before they would be.

        Of course, they want it for the threat, not the actual incarceration rate.

        Not a bona-fide Made Man with establishment credentials? Starting to get traction in local elections? A nice man in a black suit shows up at your door step with a suitcase full of printout (on tractor feed paper). He sits down in your living room and shows you and your wife the list of hundreds of copyright infringements you have committed, and asks you wouldn't it be a shame if your wife and kids were put out on the street because you were languishing in jail for longer than someone who committed manslaughter and really wouldn't it be a good idea to withdraw from the race and stop making press? Of course it would. And he was never there. And nobody would believe you if you said he was.

        • If the Illuminati actually control everything, explain Rand Paul's prominence.

          • by dbIII ( 701233 )
            Prominence?
            He has no power other than to attract attention to himself with things like a filibuster that was never going to work.
        • by c ( 8461 )

          He sits down in your living room and shows you and your wife the list of hundreds of copyright infringements you have committed, and asks you wouldn't it be a shame if your wife and kids were put out on the street because you were languishing in jail for longer than someone who committed manslaughter

          One of the problems with threatening someone with a certain sentence longer than they'd get for manslaughter is that they might do the math and decide it's less risky to just kill you and dispose of the evidence

        • by AmiMoJo ( 196126 )

          These days cameras and recording equipment are everywhere. There was a documentary on the TV about how the government spooks have had to adapt to the modern world, and one thing they don't do any more is cold call people in their homes. Too easy to get caught on CCTV, or the guy opens the door with his phone already filming and half an hour later it's on YouTube. I imagine the corporate spooks have learned the same thing.

          Surveillance works both ways.

    • Indeed. Software piracy has become too risky; we'll have to return to pirating shipping lanes.

  • by jmd ( 14060 ) on Wednesday August 05, 2015 @10:22PM (#50260341)

    This global framework of laws will render the nation state useless. Corporations will have ALL of the power nation states used to have. And you will have none.

    • by gstoddart ( 321705 ) on Wednesday August 05, 2015 @10:51PM (#50260471) Homepage

      Now, ask yourself, which nation states are most actively advancing corporate interests because their politicians are on the payroll?

      This is the world being taken over by corrupt politicians who report only the those corporations, which means the rest of the world needs to be looking at these "trade" treaties and asking "in what way does this benefit our citizens, our economy, or our jobs".

      Because the short answer is "it doesn't, it maximizes corporate profits at the expense of everybody else".

      We're basically being robbed to allow multinationals carve up the world for themselves. And it's being championed by politicians who are lining their pockets at our expense.

    • Re: (Score:2, Insightful)

      BUT BUT BUT Confederate flag! Black Lives Matter! Equal Rights Equal Marriage! Equal Work for Equal Pay!
  • Yet more proof ... (Score:5, Insightful)

    by gstoddart ( 321705 ) on Wednesday August 05, 2015 @10:24PM (#50260353) Homepage

    Yet more proof we live in a global oligarchy, championed by assholes, who have stacked the deck so heavily in favor of corporations the rest of us are completely fucked.

    Everything in these damned treaties are about maximizing the profits of multinational corporations, and don't benefit the citizens.

    The treaties are basically theft on a global scale designed to give corporations more rights than people.

    This is really American politicians fucking over everybody else in the world because they're so undeniably on the fucking payroll of the corporations it isn't even funny.

    It is now pretty much a moral imperative we either start eating the rich, or start copyright infringement on such a massive scale they simply can't do anything about it.

    We've sold the farm on the bullshit promise that what is good for greedy assholes and corporations somehow uplifts us all, when nothing could be further from the truth.

    The pressing problems we need to solve in the world haven't got a fucking thing to do with copyright.

    This treaty is a terrible idea.

    • ... start copyright infringement on such a massive scale they simply can't do anything about it.

      Because that plan worked so well for fighting the war on drugs?

      • OK, then start shooting the fucking politicians and CEOs.

      • Pretty much: Trillions have been spent fighting the war on drugs, and they are still commonly available and not too hard to get. Copying files is even easier than growing a plant or synthesizing a chemical.

        • And prisons in the US are overflowing due to mandatory sentencing of drug related crimes... So tell me again how "on such a massive scale they simply can't do anything about it" is going to work...
          • by fnj ( 64210 )

            Methinks you confuse "victimizing a small proportion of drug users" vs "doing anything whatsoever to lessen drug use".

      • You really haven't been paying attention [wikipedia.org] it would seem.

    • by hairyfeet ( 841228 ) <bassbeast1968 @ g m a i l . com> on Wednesday August 05, 2015 @11:04PM (#50260533) Journal

      "Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains."

      "But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

      ...Thomas Jefferson

      When in doubt children go back to the founding fathers, they were the revolutionaries of their time and saw a LOT of this shit coming and did their best to stop it. It was only by decades of perverting the law of the land, through treasonous bribery and outright corruption, that this country was able to get into such a state.

      • by fnj ( 64210 )

        It was only by decades of perverting the law of the land, through treasonous bribery and outright corruption, that this country was able to get into such a state.

        I would have put it "It was only through centuries of unconfronted, unchecked treason that this country ended up completely disregarding and dishonoring its governing constitution".

        Every single official who takes an oath to uphold and defend the Constitution, and then does nothing in the face of that Constitution being torn up, is committing treas

    • by yoink! ( 196362 ) on Wednesday August 05, 2015 @11:25PM (#50260607) Homepage Journal

      Some interesting insight with regards to the possible breaking down of negotiations: http://www.nakedcapitalism.com... [nakedcapitalism.com]

      It's a longer-than-a-slashdot-summary-read, but insightful.

  • by Anonymous Coward on Wednesday August 05, 2015 @11:33PM (#50260627)

    I used to buy all of the media I consumed. It seemed to be the right thing to do.

    Now they say I can't rip the media I bought to use it when and where I want. I'm infringing simply by watching it where I work and on my way to work (oil rig, hotel on the way).

    A treaty from another country gets to write my country's laws? And we don't have any say in it?

    I am so sickened by all this that I stopped purchasing media. It only funds these assholes. I have no respect for copyright any more. Why should I? There is no respect for the consumer any more. I'm a freetard now.

    • I used to buy all of the media I consumed. It seemed to be the right thing to do.

      Now they say I can't rip the media I bought to use it when and where I want. I'm infringing simply by watching it where I work and on my way to work (oil rig, hotel on the way).

      A treaty from another country gets to write my country's laws? And we don't have any say in it?

      I am so sickened by all this that I stopped purchasing media. It only funds these assholes. I have no respect for copyright any more. Why should I? There is no respect for the consumer any more. I'm a freetard now.

      In Soviet China IP owns you!

    • by gnupun ( 752725 )

      I am so sickened by all this that I stopped purchasing media. It only funds these assholes. I have no respect for copyright any more. Why should I? There is no respect for the consumer any more. I'm a freetard now.

      I say this excessive punishment is anti-copyright, since it punishes the infringer way more than he deserves and portrays copyright as an evil thing in the minds of the consumers. TPP and its troll politicians are ruining the good name of copyright, which is the cornerstone of decent income for ar

  • How Odd! (Score:5, Insightful)

    by edibobb ( 113989 ) on Wednesday August 05, 2015 @11:33PM (#50260629) Homepage
    Who knew that trade negotiators could pass legislation without the knowledge, let alone approval, of Congress? Do countries other than the U.S. also kowtow to the music and film industries? Google or Microsoft could buy the entire music and recording industry, and never bat an eye. How does such a small industry carry the weight to mandate worldwide legislation?
    • Re:How Odd! (Score:5, Informative)

      by CrashNBrn ( 1143981 ) on Thursday August 06, 2015 @12:08AM (#50260725)
      You would think... except many of those media companies are themselves owned by multi-nationals that dwarf Microsoft and Google put together.
      • Re: (Score:2, Interesting)

        by Anonymous Coward

        I believe there is a documentary that shows that pretty much all companies that are large enough to matter (including all media companies) are owned by the 6 large chemical companies.

        It was sort of interesting as it showed that a parent company of a soda company bought a media company so they could add more advertisement blocks to sell the soda.

        • That's not correct. *Control* of multinationals is by a core of banks and investment houses ( http://arxiv.org/abs/1107.5728 [arxiv.org] ), which for shorthand we can call "Wall Street". A number of them are based outside the U.S., but pretty much all have an office in the Wall Street area. *Ownership* is distributed more widely. For example, I used to work for Boeing, and I'm vested in their retirement fund. Theoretically the fund holds the assets in trust for the retirees, who are the beneficial owners. The con

      • You would think... except many of those media companies are themselves owned by multi-nationals that dwarf Microsoft and Google put together.

        Doesn't seem so:
        https://en.wikipedia.org/wiki/... [wikipedia.org]

        Unless you have other references to share?

    • by ihtoit ( 3393327 )

      in Britain the BPI and the PRS both act on behalf of the industry players. Neither of them actually own any IP yet they file copyright claims on behalf, thus violating common law in that only the victim of a crime OR the Crown (at the behest and following on from a police investigation) could file an information at a magistrate's court. Even in civil proceedings, nobody not directly involved in a case could file a claim. This is very well settled in case law (examples abound, BAILII is full of judges compla

      • by ihtoit ( 3393327 )

        BTW, have you ever noticed that these TDNs and publicised copyright claims are always "the label" or "**AA" vs... and NEVER "The Band" vs...?

        Makes you wonder who does actually own creative content rights...

  • by tlhIngan ( 30335 ) <.slashdot. .at. .worf.net.> on Thursday August 06, 2015 @01:16AM (#50260881)

    And we have a Prime Minister who's vowing and trying to get TPP ratified just before the vote. He's disappointed he couldn't get it ratified before the election call, but in the middle of his campaigning, that's one of his key pillars.

    Might also try to participate in that debate as well and ask about it. Though given bill C-51, and the other bills he's trying to get passed, website blocking might be the least of your problems.

    And always - go vote. I know he also passed a new law making it harder to do so, and the courts have even admitted that while the law is bad, they won't overturn it because it will screw with the election. All the forms and all that were printed out and it's too troublesome for the courts to repeal the bad law because it's too close to an election. Between that and his efforts to disenfranchise voters through other means (including fake phone calls directing people to the wrong location - and handcuffing the officials in charge of investigating election fraud...), well, make sure you have all your ducks in a row, because unless you bring in a Conservative party member card, they're going to make it hard for you to vote.

    • by msobkow ( 48369 )

      This October, vote Anyone But Conservative in Canada (ABC).

    • This coming election is one that I'd love to have voted in. Except I got a letter through the door this week saying that the Ontario Court of Appeals has ruled that expats must wish to return to Canada and must not be gone more than 5 years unless employed by the government.

      These restrictions are fucking idiotic. I fully intend to return, I just don't know when exactly. So what if I've been gone 5 years (and 16 days). I still care a great deal about my country. I was born and raised and will always be Canad

      • by ihtoit ( 3393327 )

        so basically you're being alienated by your country of birth just so they can fuck it up some more by wedging a secret treaty in?

        That's treason, dude. Simple as.

      • There will be a Supreme Court challenge. And Harper will almost certainly lose. He is, after all, the losing-est PM in the courts that we have had in recent memory, if not ever.

        I'm profoundly grateful for our courts and our Charter of Rights, which have done an excellent job of keeping Harper from turning this country into the sort of shithole he would like it to be.

    • We need to get this Sith Lord out of office. The problem is that we really depend on the non-voting 45% and have no Jedis. Hopefully those who voted conservative last time will realise the ugly truth of their choice.

      • by tlhIngan ( 30335 )

        We need to get this Sith Lord out of office. The problem is that we really depend on the non-voting 45% and have no Jedis. Hopefully those who voted conservative last time will realise the ugly truth of their choice.

        Fat chance. The Conservatives know they aren't electable. So all they're doing is pandering to their core audience - the people who literally will not vote anyone but Conservative. Almost no one would put a second choice of another party if their first choice is Conservative.

        The other parties ge

  • TPP minus USA? (Score:5, Interesting)

    by Michael Woodhams ( 112247 ) on Thursday August 06, 2015 @02:11AM (#50261019) Journal

    Although it is hard to know because of the secrecy, it seems like there is a whole lot of stuff around 'intellectual property' and corporations getting to sue governments over policy changes which has been pushed hard by the USA and opposed not quite as hard by everyone else. So there is lots of stuff that objectionable to everyone but the USA. (Given that the USA parliaments haven't been allowed to see the TPP, possibly not even they want it. This could be stuff wanted only by the USA negotiators, not the country.)

    What I want to see is USA kicked out of the TPP, then renegotiate to get rid of all the bad stuff USA pushed in. After that, the USA can negotiate for a late entry into the agreement. They can propose all this IP stuff, and the rest of us can consider whether we that badly want USA in the TPP.

    That is pretty much a pipe dream, but more realistically: I'd like to see the governments of all participating countries go through all the provisions and state how strongly they are for or against them. If there are any bits that are liked only by negotiators, this would show them up.

    It really worries me that this is secretly negotiated by people with almost no democratic oversight and will be presented as a monolithic take-it-or-leave-it with greater effective force than the laws of the participating nations.

    Buying into the TPP is effectively accepting a huge lump of laws you had almost no say over and are almost impossible to modify in future.

    • by dbIII ( 701233 )

      and corporations getting to sue governments over policy changes

      It's to stop those pesky governments that try to limit cigarettes and asbestos.

  • by Opportunist ( 166417 ) on Thursday August 06, 2015 @02:37AM (#50261083)

    Next time you want to have music, don't download it. Go into a store, kick the guard in the nuts and grab the CD. Alternatively, find some old granny on the street, hit her over the head and grab her purse, then pay for your downloads.

    The reason is simple: If you get caught, you'll be doing much less time.

    • I feel sorry for the poor security guard though - he's talking about having a family, and this might ruin his chances.

      I'd love to see some advertising saying this if/when the legislation gets in front of the law makers. Won't happen of course, but it would be nice ;-)

  • by Anonymous Coward

    I would have thought that would be incompatible with the legal systems of most countries. "Damages" are normally limited to the real loss suffered by the plaintiff/claimant. "Punitive damages" is a US thing.

  • And really haven't looked into this at all, but it seems like there are traditionally two systems of law, criminal and civil, maybe it's time there become "corporate" laws, since a majority of criminal offenses seem to stem from corporate interests. I'd rather see corporate attorneys prosecute these laws then our government persecutors who should be focused on real crimes. I'm sure there are a ton of problems with a model like this, but could a real lawyer break down the pros and cons?

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