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

No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
 
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026