TRADE : TELECOMS OPERATORS UNEASY OVER ANTI-COUNTERFEITING TALKS.

The "lack of transparency" in the international talks on the Anti-Counterfeiting Trade Agreement (ACTA), which resumed on 25 January in Guadalajara, Mexico, is of serious concern to the European former monopolies, represented by ETNO. The talks feature secret negotiations and no official text since the debates are still under way. ETNO is concerned over a possible global challenge(1) to the European principle of the non-liability of internet service providers for the dissemination of counterfeit content online. This non-liability was written into the e-commerce directive in 2000, while the rights of internet users were recently reinforced by the revision of the telecoms directives ( telecoms package').

"ETNO fears that large-scale and disproportionate measures, such as filtering or the possibility of disconnecting internet users may be introduced in the ACTA," explained ETNO Director Michael Bartholomew, who denounced an eventuality that is "in total contradiction" with the rights of European users.

This question was raised at the hearing of the future Digital Agenda Commissioner, Neelie Kroes. French Socialist MEP Catherine Trautmann asked whether she planned to keep the compromise on ex-Amendment 138 of the telecoms package (guaranteeing internet users suspected of illegal downloading the right to a hearing, an appeal and respect for privacy) from being circumvented by means of an international agreement like the ACTA. The negotiation will primarily be the responsibility of Belgian Karel De Gucht, the future trade commissioner. Kroes tried to be reassuring: "Fundamental rights are not debatable," replied the candidate, confirmed after a disappointing initial hearing and a second more conclusive hearing in camera. Although the Americans have made proposals, "there is no agreement in the context of the ACTA process for now," she continued, adding: "What is important is that our partners guarantee the same level of protection of intellectual property as we do, with all the guarantees covered by our acquis. And the Commission will make sure that every guarantee is obtained."

INTERNET CHAPTER

Concerns exist, however...