Bonum Certa Men Certa

European Ombudsman Confirms Refusal of Access to Secret ACTA Documents

1.9M





Summary: Not even the Ombudsman can give access to a process of a conspiracy of foreign companies working to harm European people behind closed doors

EUROPE is under attack by ACTA proponents such as Pedro Valesco-Martins, Paul Rübig, and Luc Pierre Devigne. That last person was recently fired or simply decided to leave. His political career is probably tarnished due to his advocacy and defence of the ACTA, which nobody in Europe seems to actually want. According to this response to Ante Wessels [PDF], the European Ombudsman is of no use here.



This mirrors our recent experiences with the European Ombudsman, which failed to stop American lobbyists from derailing Europe's interests, let alone show their subversion of European documents/charters. Europe needs an Ombudsman with a strong spine in order for it to be effective and justify its existence.

The FFII has just released the statement below.




Citizens have a clear interest in being informed about ACTA, EU Ombudsman concludes



Brussels, 27 July 2010 -- According to the EU Ombudsman, citizens have a clear interest in being informed about the Anti-Counterfeiting Trade Agreement (ACTA). Despite this, he concludes for formal reasons that there was no maladministration by the Council of the European Union when it denied access to the ACTA documents. The Foundation for a Free Information Infrastructure (FFII) had filed a complaint with the Ombudsman concerning the Council's refusal to grant access to ACTA documents.

The Ombudsman "agrees that the conclusion of the ACTA may indeed make it necessary for the EU to propose and enact legislation. In that case, the ACTA would constitute the sole or the major consideration underpinning that legislation, and citizens would have a clear interest in being informed about the ACTA."

“This is a loophole, it is possible to force legislation upon democracies while the public can not scrutinize all documents.”
      --Ante Wessels
While citizens have a clear interest in being informed about ACTA, they do not get access to the ACTA documents. The Ombudsman observes that, although ACTA "could have far-reaching legislative consequences for the EU, this does not mean that the procedure for concluding the ACTA is the same as a legislative procedure, and that the rules governing the latter (including those with regard to public access to documents as set out in the Turco case) apply by analogy to the former."

FFII analyst Ante Wessels comments: "This is a loophole, it is possible to force legislation upon democracies while the public can not scrutinize all documents. The EU legislation on access to documents needs to be repaired. In the meantime, parliaments should not accept the usage of this loophole. The Vienna Convention on the Law of Treaties stipulates that the history of a treaty plays a role in the interpretation of that treaty. Without full disclosure, parliaments will have to decide on a proposal with unknown aspects, a dark horse."



Background information

Behind closed doors, the European Union, United States, Japan and other trade partners are negotiating the Anti-Counterfeiting Trade Agreement. ACTA will contain new international norms for the enforcement of copyrights, trade mark rights, patents and other exclusive rights.

The FFII endorses the Washington Communique: International Experts Find that Pending Anti-Counterfeiting Trade Agreement Threatens Public Interests

Ombudsman decision

FFII information page on ACTA

FFII analysis

Washington Communique

Permanent link to this press release



Contact

FFII Office Berlin
Malmöer Str. 6
D-10439 Berlin
Fon: +49-30-41722597
Fax Service: +49-721-509663769
Email: office (at) ffii.org


http://www.ffii.org/

Ante Wessels
ante@ffii.org
+31 6 100 99 063

About FFII



The FFII is a not-for-profit association, dedicated to the development of information goods for the public benefit, based on copyright, free competition, and open standards. More than 1,000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights in data processing.

Recent Techrights' Posts

In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
 
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024
Ireland Exits Microsoft's Vista 11
Microsoft can't be doing too well in Ireland because Microsoft had tons of layoffs in that country last year
A Recognition for Hard Work
Running this site is a lot of work
The Web We Lost...
Vintage War Censorship Poster...
Daniel Pocock (IND) in European Election Debate
In this segment he speaks of the effects of social control media and phones on children
[Meme] Next Target: Sub Domains
Deb.Ian.Community
In Republic of (South) Korea, as of This Month, Android Climbs to Record High of 48%
Judging by statCounter anyway
"Linux" is Second-Class Citizen at IBM
sends the wrong message to Red Hat staff and Red Hat clients
Links 24/05/2024: More Software Patents Invalidated (US), New Fights to Protect Free Speech
Links for the day
"You Touched the Wrong Lady"
What Rianne wrote more than 8 months ago
Links 24/05/2024: Layoffs at LinkedIn and Election Interference Via Social Control Media
Links for the day
Getting a 'Thank You' From Software Freedom Conservancy (SFC) Will Cost You $5,000 to $30,000 (Same as Last Year)
Right now one of their associates (SFC) tries to spend money to censor us
KDE Neon Weirdness
Reprinted with permission from Ryan Farmer
Congratulations to Sirius Open Source, Still Claiming to Employ People Who Left Half a Decade Ago (or More!)
What signal does that send to con men?
[Meme] Bluewashing
Cent OS? No more.
IRC Proceedings: Thursday, May 23, 2024
IRC logs for Thursday, May 23, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Tenfold Increase for ChromeOS+GNU/Linux in Brunei
Brunei Darussalam is a country most people don't know about and never even heard about
Coming Soon: Another Round of 'Cancel Stallman' Chorus
The series required a great deal of patience