Bonum Certa Men Certa

Criminal Acta

CRIMINAL ACTS of secrecy and policy-making which involve no-one among the public is an outrageous thing. The following is a press release from FFII.

EU Council refuses to release secret ACTA documents



Brussels, 10th November 2008 - The EU Council of Ministers refuses to release secret Anti-Counterfeiting Trade Agreement (ACTA) documents. The Foundation for a Free Information Infrastructure (FFII) had requested these documents to make public and parliamentary scrutiny possible. After the Council's refusal, the FFII sent in a confirmatory application, for the EU Council to review its position, as allowed by Article 7(2) of the regulation dealing with public access to such documents.

ACTA's secrecy fuels concerns that the treaty may give patent trolls the means to extort companies, undermine access to low-cost generic medicines, lead to monitoring all citizens' Internet communications and criminalize peer-to-peer electronic file sharing.

The EU Council refuses to release the secret documents stating that disclosure of this information could impede the proper conduct of the negotiations, would weaken the position of the European Union in these negotiations and might affect relations with the third parties concerned.

The FFII reaffirms its application stating that the legislative process in the EU has to be open. If the agreement will only be made public once all parties have already agreed to it, none of the EU's national parliaments nor the European Parliament will have been able to scrutinise its contents in any meaningful way. To prevent this from happening, it may be necessary to renegotiate ACTA's transparency.

The FFII's confirmatory application letter questions ACTA's secrecy in no uncertain terms: "The argument that public transparency regarding 'trade negotiations' can be ignored if it would weaken the EU's negotiation position is particularly painful. At which point exactly do negotiations over trade issues become more important than democratic law making? At 200 million euro? At 500 million euro? At 1 billion euro? What is the price of our democracy?"

The Canadian government released documents under the Access to Information Act that provide additional insights into the secretive nature of the negotiations.

If the EU Council again refuses to release the secret documents, the FFII can take the case to the European Court of Justice. An earlier case on transparency of EU legislation took 6 years. By that time ACTA may long have entered into force.

Ante Wessels, FFII analyst, says: "We do not have so much time. The only solution we see is that the parliaments of Europe force the Council to publish the texts by making Parliamentary scrutiny reservations."



Links

Note FFII's confirmatory application letter is attached below.



Contact

Benjamin Henrion
FFII Brussels
+32-2-414 84 03
+32-484-566109
bhenrion@ffii.org


(French/English)

Ante Wessels
+31-6-100 99 063
ante@ffii.org
(Dutch/English)


FFII confirmatory application letter

Thank you for your reply informing us of the inability of the General Secretariat to grant access to the following documents:

The given reason is that "Release of these documents would weaken the position of the European Union in these negotiations and might affect relations with the third parties concerned."

Please find our confirmatory application herewith. We would appreciate if it could be made fully public in the Council's Register of documents.

The European Union and its member states are built on the concept of a representative democracy. As the European Court of Justice ruled in the recent Turco case (joined cases C-39/05 P and C-52/05 P) on public access to legislative proposals and preparatory texts:

"Openness in that respect contributes to strengthening democracy by allowing citizens to scrutinise all the information which has formed the basis of a legislative act. The possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights."

The ACTA is a so-called "trade agreement". While technically it is therefore not a legislative proposal, its acceptance will nonetheless lead to legislative and executive obligations for the undersigning parties. Hence, indirectly it will have the same effect as a legislative proposal. Simply calling it differently and using different negotiation procedures cannot be used as an excuse in a democratic society to get around all transparency principles and requirements of said society.

If, as currently planned, the agreement will only be made public once all parties have already agreed to it, none of the EU's national parliaments nor the European Parliament will have been able to scrutinize its contents in any meaningful way. We believe this to be a gross violation of the basic democratic principles the EU is supposed to stand for. The argument that public transparency regarding "trade negotiations" can be ignored if it would weaken the EU's negotiation position is particularly painful. At which point exactly do negotiations over trade issues become more important than democratic law making? At 200 million euro? At 500 million euro? At 1 billion euro? What is the price of our democracy?

And when exactly do relations with third parties become more important than the relations with the EU's own citizens? Only when there is no upcoming referendum on a Constitutional Treaty? Are we only useful as a large consumer base that can be used as trading goods during trade negotiations in other times?

Heaven forbid that these consumers turn out to be also citizens that want to have a say in what their buying power is being exchanged for. After all, they might think that criminalising themselves in case they put a home movie of their children dancing to Britney Spears' latest song on Youtube might not be such a good idea. Paying higher subscription fees for Internet access so that Internet Service Providers can install filtering devices resulting in lower speeds and censored web access may not sound very attractive either. And neither does giving patent trolls free reign, with compliments of the various governments.

In short: which overriding trade interests justify the complete and utter disdain for direct public and parliamentary scrutiny over the negotiations at hand? And at which point exactly do trade interests start taking precedence over democratic and transparent law making?

There is no such point. The Institutions know that the legislative process in the EU has to be open. Our negotiation partners know this too, or should have been informed. If our negotiation partners are uninformed about it, if openness could impede the proper conduct of the negotiations, the negotiation mandate is fundamentally wrong. However painful, the secrecy has to be renegotiated first. It has to go out.

That should not be a problem. The Commission asserted that it would not go beyond the status quo, the content should be uncontroversial. And international intellectual property agreements have traditionally been conducted in a more open and transparent manner. A rollback of democracy is not needed nor acceptable.

Sincerely yours,


Ante Wessels
FFII IPRED2 / ACTA workgroup

About the FFII

The FFII is a not-for-profit association active in over fifty countries, dedicated to the development of information goods for the public benefit, based on copyright, free competition, and open standards. More than 850 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights (intellectual property) in data processing.

Recent Techrights' Posts

An Update About Soylent News, With Jan Rinok "Back in the Saddle"
Burnout or "near burnout" a possibility when having to curate abuse
Rejecting 'Snoop-Phones' and Turning "Old" Phones (or Tablets) Into Freedom-Respecting Appliances
Paul Fernhout (pdfernhout.net) wrote back to Akira Urushibatathis this past weekend
 
Next Week We Launch Search at Techrights
We're planning to launch it some time next week. Maybe Tuesday, maybe Thursday.
Talk by Richard Stallman Will be Live-streamed in Less Than 10 Hours
Happy hacking
"No Kings" in the Software World (GAFAM Should Not Exist, Either)
"No Kings" is a good slogan. Let's start by ridding ourselves of masters, not only those who reside in DC or visit DC
Every Morning
Bugs/edge cases combined with automation can spell disaster
Insane, Deliberately Dishonest, or Just Another Bigot?
very intellectually-dishonest human being
A Lot of Techrights is Built on Perl
Perl also runs the sister site
The Register MS Selling Slop for Microsoft (Vapourware, Ponzi Scheme, False Claims)
What will be left of The Register MS if it keeps repeating falsehoods and looking to profit from Ponzi schemes?
analytics.usa.gov Says Less Than 14% of Web Requests (to Government Sites) Come From Vista 11
Vista 11 was released more than 4 years ago!
People Who Attempt to Take Down Correct Information Need a Doctor a Day
“Journalism is printing something that someone does not want printed. Everything else is public relations.” ― George Orwell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 20, 2025
IRC logs for Monday, October 20, 2025
Vista 11 is Sinking While Microsoft is PIPing (Mass Layoffs But Silent Layoffs)
We're witnessing a shift in platform dominance
Richard Stallman is Having a Good Week Already (Stallman Was Right About 'Clown Computing')
That alone is worth bringing up in his talk
When Prominent GNU/Linux Distros Are Run by Spies
What has Microsoft Canonical become?
More Publishers and Companies Nowadays Say "GNU/Linux", Not "Linux"
It's not to see InstallAware saying GNU/Linux this week
Google News is Now Promoting a Parasitic Slopfarm Called "findarticles.com", Where Plagiarism of "Linux" Articles is Rampant
Does Google even care about the slop epidemic? Google itself is a vendor of slop now (and it calls it "Gemini")
Gemini Links 20/10/2025: Pumpkin Carving, "Hey Hi", and Other Buzzwords
Links for the day
Slopwatch: Google News Promoting Fear, Uncertainty, Doubt (FUD)
What is the value of Google News if so many results in it are fake 'articles?
Our Uptime This Year Was Better Than AWS (Also a Lot Cheaper)
We never used "the cloud"
Amazon Web Shenanigans
An ongoing, experimental endeavour
Death of Elias Diem: FSFE mailing list archives hidden
Reprinted with permission from Daniel Pocock
Links 20/10/2025: Louvre Museum Reveals Weakness, About 7 Million Protest US Turning Into Oligarchy/Monarchy
Links for the day
They Should Have Listened to Techrights Over a Month Earlier (Xubuntu Site Compromised)
we reported this issue about 40 days earlier and nobody did anything about it
Richard Stallman to Give Another Talk Today in Bavaria (Bavarian Academy of Science)
Tomorrow at 6 PM he speaks in Munich
Apple is the Company of Dictators and Worse
Apple is just another greedy corporation in search of sweatshops and even pedophiles (especially the high-profile ones)
Counting Unhatched Eggs Is Not Counting Chickens
Everything here will persist as normal
Barry Kauler Explains That Puppy Linux and EasyOS Exclude Systemd to Keep Things Simple
Barry Kauler's Puppy Linux is in the community's hands. He now focuses on EasyOS and more.
The "Infinite Bread"
The biblical story of Jesus feeding the 5,000 has software parallels
Half a Year After Brian Fagioli Got Kicked Out of BetaNews for Slop He's Still Doing LLM Slop and Slop Images Targeting 'Linux' (Plagiarising Original Works)
If the Web gets polluted or flooded by slopfarms such as these, and Slashdot then sends traffic so these slopfarms (Slashdot probably doesn't do this intentionally), then real writers with real knowledge of GNU/Linux will lose the spark for publishing
In Many Cases and in Many Different Ways, Technology Became Less Durable and Less Reliable Over Time
The "modern" things are more complex. And complexity is a foe or reliability and repair-ability.
Microsoft's LinkedIn is Losing Money, Traffic, and Hope; Now It Wants to Sell Its Users' Lifeblood (and Data)
Let this be a reminder of what social control media really is about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 19, 2025
IRC logs for Sunday, October 19, 2025
Campaign of FUD Against Framework Laptops and GNU/Linux (Using Microsoft's Attack on Linux, 'Secure Boot')
Ritual Defamation Cult has turned its attention over to Framework
Microsoft Lunduke: Freedom of Speech Means Spreading What I Have to Say and Banning People I Disagree With
4Chan is one he aims for and he is siccing 4Chan trolls at people he doesn't like
Liberation From 'The Feed'
They rank things based on the editor's choice/ideology (he or she knows the sponsors, hence the masters)
Microsoft's Killing of Vista 10 Seems to Have Resulted in More Articles About GNU/Linux (But Also FUD)
We not only saw a rise in traffic, we also saw a remarkable rise in the number of articles
Today (a Day Before Richard Stallman Talk at TUM) There's a Patent Propaganda Event at TUM
Perhaps an opportunity for Dr. Stallman to rebut this "invention to patent" nonsense/fantasy (conflating monopolies with innovation)
OpenSource or "Open Source" as a Brand is Dying, Let's Get Back to Talking About Software Freedom
Those of us who actually want to reform the industry and put users in control of their systems/devices will recognise that "Open Source" was selling a lie or got-co-opted by liars
19 Years in Numbers: Techrights' Anniversary Countdown and Retrospective
In 2019 we began improving our workflows and, accordingly/predictably, we became a lot more productive
Slop Turns People Off (LLMs Lack Intelligence, They're Just Plagiarism Powerhouses That Fail to Deliver Any Real, Measurable Value)
"More" (or "MOAR") isn't always better
IBM Red Hat Has Re-calibrated or Adjusted to Bubble Economics, False Promises, and Slop/Plagiarism
This won't end well
Fake Numbers, Fake Claims, Fake Economy, and Media Grifters That Prop Up Fraud
Grifters like The Register MS won't be looked upon kindly after the bubble implodes
For Some, the GNU Web Site is Not Accessible This Week
They seem to have gone into some kind of lock-down mode
Richard Stallman Back at the "Rudolf-Diesel" Hörsal "MW 2001" in About 40 Hours
He spoke there before; there's a very high seating capacity there
Symptoms of Upcoming Microsoft Layoffs in XBox
A crashing franchise
Psychiatrist confession: Germanwings crash & Debian toxic culture recognized before suicides
Reprinted with permission from Daniel Pocock
Gemini Links 19/10/2025: Scentjacking 101, Slop Hype Boosters, and Steam Next Fest
Links for the day
Slopwatch: The Serial Slopper, LinuxSecurity, and Google News
Let's hope slopfarms die as soon as possible
Links 19/10/2025: Cambodia Scam Centres, Slop Hurting Wikipedia Traffic
Links for the day
As Economies Crumble Free as in Beer Will Matter, Not Just Free as in Freedom/Libre (Libertad)
French regions choosing to embrace Software Freedom
25 Years Ago, an Explanation of How Reducing Free Software to 'Apps' Would Interfere With Freedom Goals
there's nothing unreasonable about it
A List of 63 Known Gemini Clients (Software to Browse Geminispace Content With Gemini Protocol)
Not counting browser plugins for Web browsers
Gemini Links 19/10/2025: "Firma Odin Is Transforming" and Bot Attacks While "AFK"
Links for the day
US Government: 6.1% of Site Visitors Use GNU/Linux
GNU/Linux has a considerable share and it is growing
LLM Slop Could Not Rise to Prominence Without Media Complicity and Artificial Hype
Inane garbage disguised as "journalism"
Why the FSF No Longer Recommends Debian, as Explained by Richard Stallman This Month
some weeks ago
All the Latest Half Dozen Articles by Mehedi Hasan (UbuntuPIT) Only Admit at the End That He's Using LLM Slop
Disclosure is OK, but the practice of using slop is not
The 'Modern' Web of Fake Security and Easy Censorship of Whole Domains
Each year it gets worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 18, 2025
IRC logs for Saturday, October 18, 2025