New Internet Treaty Alarms Online Freedom Advocates

WASHINGTON — The text of a new anti-counterfeiting treaty being considered by the Obama administration has alarmed digital freedom advocates, but it might satisfy anyone who hates tube sites.

To date, President Obama has kept the specifics of the Anti-Counterfeiting Trade Agreement (ACTA) under wraps because of “national security” concerns. But someone leaked the text of the document, which points to a online future where sites like YouTube, Flickr and Blogger can’t exist.

The sixth round of negotiations over the treaty are being held in Seoul, South Korea, through today.

Some of the treaty’s specific provisions include:

  • Internet service providers will be required to actively police copyrights on user-generated material, and they’ll be held responsible for copyrighted material found on their servers.
  • If an ISP discovers a copyright infringer, they’ll be required to cut off that user’s Internet access or face liability. This provision currently includes no way for a user to contest the action. According to some online reports, ISPs alone will determine what constitutes offending behavior. Users will get three strikes before facing any consequences.
  • According to the new treaty, the whole world will have to follow the United States’ lead in how to enforce copyright. Meaning that users will be able to tell someone they’re violating their copyright, and that person will have to take down the material in question.
  • The new treaty also includes stronger language banning the practice of breaking digital-rights management (DRM) software.
Online pundits have decried the treaty’s language as a deathknell to a free Internet.

“It will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn't infringing will exceed any hope of profitability,” said Cory Doctorow of BoingBoing.net.

But David Kravets of Wired.com’s Threat Level website, which offers commentary on Internet privacy issues, said that the authenticity of the document had yet to be confirmed, but at the same time, he suggested that Obama administration has been secretly supporting the treaty’s provisions all along.

“Obama hasn’t asked Congress to implement a three-strike policy, which could anger consumers and watchdog groups,” Kravets said. “But if the administration gets three strikes written into ACTA, and the United States signs and ratifies the treaty, Congress would be obliged to change the [Digital Millenium Copyright Act] to comply with it, while the administration throws its hands in the air and says, ‘It wasn’t our idea! It’s that damn treaty.’”

Kravets later added, “It seems the executive branch would rather negotiate with other nations, instead of its own elected officials, about the future of a free and open Internet.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Pineapple Support Names Ny Ny Lew as Brand Ambassador

Pineapple Support has named Ny Ny Lew as its newest brand ambassador.

Federal AV Proposal Passes House, Faces Senate Opposition

The U.S. House of Representatives on Monday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law, but the bill still faces tough going in the Senate.

Devin Drills Launches New Paysite

Creator Devin Drills has launched an official website through PAYSITE.

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

ASACP Updates 'Restricted to Adults' Labeling Resource Page

The Association of Sites Advocating Child Protection (ASACP) has updated its Restricted to Adults (RTA) labeling resource page.

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Show More