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EFF, Public Knowledge sue US gov't over secret IP pact

By Grant Gross , IDG News Service , 09/18/2008
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Two digital rights advocacy groups have filed a lawsuit against the Office of the U.S. Trade Representative (USTR) in an attempt to get the office to turn over information about a secret international treaty being negotiated to step up cross-border enforcement of copyright and piracy laws.

The Electronic Frontier Foundation (EFF) and Public Knowledge filed the lawsuit Wednesday after USTR ignored their repeated requests to turn over information about the proposed Anti-Counterfeiting Trade Agreement (ACTA).

ACTA could include an agreement for the U.S., Canada, the European Commission and other nations that are part of the talks to enforce each other's intellectual-property (IP) laws, with residents of each country subject to criminal charges when violating the IP laws of another country, according to a supposed ACTA discussion paper posted on Wikileaks.org in May.

The document posted on Wikileaks also talks about increasing border searches in an effort to find counterfeit goods, encouraging ISPs (Internet service providers) to remove online material that infringes copyrights and increased cooperation in destroying infringing goods and the equipment used to make them. The full text of the ACTA has not been released, despite requests by EFF and Public Knowledge, as well as Canadian groups. Wikileaks is a site that posts anonymous submissions of sensitive documents.

"ACTA raises serious concerns for citizens' civil liberties and privacy rights," EFF international policy director Gwen Hinze said in a statement. "This treaty could potentially change the way your computer is searched at the border or spark new invasive monitoring from your ISP. People need to see the full text of ACTA now, so that they can evaluate its impact on their lives and express that opinion to their political leaders. Instead, the USTR is keeping us in the dark while talks go on behind closed doors."

A USTR spokesman didn't immediately respond to a request for comment on the lawsuit, filed in U.S. District Court for the District of Columbia.

In the lawsuit, Public Knowledge and EFF say the trade agreement's documents are subject to the U.S. Freedom of Information Act (FOIA), which requires U.S. agencies to turn over most documents, with some exceptions, when a U.S. resident requests them.

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