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

Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
 
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day