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

Three Months
Next week on Tuesday our sister site turns 20.5
Links 06/12/2024: Promotion of Fake and Illegal Patent 'Court' (UPC), South Korean Strikes, and More Bailouts at Taxpayers' Expense
Links for the day
All the Red Flags in New Linux Foundation Report
How telling...
 
Links 07/12/2024: DEI Chopped by University of Michigan, French and South Korean Governments in Turmoil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 06, 2024
IRC logs for Friday, December 06, 2024
Links 06/12/2024: Meal Changes and Internet Nostalgia
Links for the day
Brittany Day (linuxsecurity.com) Reposing Linux Foundation/Microsoft FUD Using LLMs, Probably Controlled by Microsoft
Plagiarised FUD by LLMs
Links 06/12/2024: Alarm Raised in EU Over Meddling and Destabilisation by TikTok, Strong Criticism of 'Open'AI
Links for the day
In France, Android Skyrockets to 52%, Windows Falls to 26%
even in rich countries across Europe Windows is rapidly losing "market share"
When News Sites Become Shopping Catalogues Disguised as 'Reviews' or 'Articles'
Sometimes Fagioli uses HEY HI (AI, LLMs actually) to make 'articles' about HEY HI
[Meme] Hit and Run with SLAPP
Microsoft staff versus Techrights
[Meme] When You Go Against Corporate Front Groups and Shills of Moneyed Interests (EDRi is Microsoft-Compromised Now)
The "golden rule" is, follow the gold
The Register Exposed Many IBM Scandals, Lawsuits, and Secret Layoffs. Now IBM Pays The Register.
Hush money?
IBM Told the Media the Secret Mass Layoffs Would Carry on Till End of November, But They Still Happen This Month
"My team of 9 people had 4 regulars and 5 contractors. All contractors gone."
Gemini Links 06/12/2024: Shrinkflation and Working at Google
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 05, 2024
IRC logs for Thursday, December 05, 2024
[Meme] Shooting the Messenger
"you needn't refute the message, just take out the messengers"
Software Freedom Conservancy (SFC) Associate Sued Us for Publishing Perfectly Accurate Article About SFC; We Sued Them for Harassment
SFC and its associates aren't nice people
Fantastic Journalism by Brian Fagioli
A lot of today's Web, even "news" sites, is spam
Techrights Does Not Forget
Techrights has many anti-censorship mechanisms
Windows Has Fallen to All-Time Low in India
In India, only about 1 in 8 Web requests comes from Windows
Microsoft Criminals: Law Enforcement is the Real Problem
deflecting the issue and resorting to projection
[Meme] They Dropped the L (Libre and Law)
SFLC, could I borrow 75% of your letters?
Companies That the Software Freedom Conservancy (SFC) Will Censor the Community for, Using Their Very Large CoC
also exploiting poor (and sexually abused) women from eastern Europe
Software Freedom Conservancy (SFC) Has Asked a Blogger to Delete This Page About the SFC, So We Reproduce It in Full Here
Censored article
The Free Software Foundation (FSF) Has Raised More Than Three Times More Money Than the Software Freedom Conservancy (SFC), Which Mostly Gets Money From Corporations, Including Microsoft
Do not donate any money to copycat organisations. It's worse than money down the river because your money might get spent attacking and even defaming the originals.
Increasing Productivity With Less Hardware, Little Power, and Fewer CPU Cycles (and Far Less Digital Waste in General)
A lot of people who glance at our PCs (as they visit us) act a bit baffled, as much of what we're using is a bunch of terminals and some text editors
Gemini Protocol Keeps Getting Better (Less and Less Reliance on Centralised Certificate Authorities)
Reliable systems do not depend on third parties, only themselves
Why We Moved to Perl and Dumped PHP Last Year
Elongating the lifetime of the underlying stack
Links 05/12/2024: Explaining the South Korea Chaos and French PM Barnier's Government Already Disintegrating
Links for the day
Gemini Links 05/12/2024: Domain Changes, Griping With Haskell
Links for the day
Links 05/12/2024: Mass Layoffs at Microsoft's PR (Bribery of Media) Agency, UnitedHealthcare CEO Shot Dead
Links for the day
GNU/Linux news for the past day
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 04, 2024
IRC logs for Wednesday, December 04, 2024
Links 05/12/2024: Formaldehyde and Cancer, US and China Boycotting One Another
Links for the day
Gemini Links 05/12/2024: Hermeticism, Living in the Shell, and More
Links for the day
At the OSI, Microsoft Operative (Funded by Microsoft) Promotes Proprietary Software of Microsoft
The OSI is deeply corrupt. The good news is, it's barely hiding it anymore.