The Unpopularity of Things

Michael Hedges May 17, 2012 - Follow on Twitter

The vital truth about democracy is its disregard for the conventional. Trends, though, form and reform without regard for the way things have been. There’s a thread connecting the popular rejection of austerity economics and internet freedom.

Switzerland’s Federal Council is the latest government to shelve the Anti-Counterfeiting Trade Agreement (ACTA) because, it said (May 9), “criticism has continued to grow in a number of countries” and it is “taking these fears seriously because they concern fundamental liberties and important legal provisions.” ACTA could be revisited “when (the Federal Council) has new information on which to base a decision.”

New information may come from a review of ACTA by the European Court of Justice (ECJ), which the European Commission (EC) first suggested in February, changed its collective mind in March then officially requested last week (May 11). The EC participated in the original ACTA negotiations on behalf of the 27 EU Member States, much of which was concluded in secret. Governments of the United States, Canada, Australia, Mexico, Morocco, Japan, Singapore, South Korea and Switzerland also participated. The ratification process, required by the treaty, has not gone well as several national legislatures refused to sign.

Governments of Poland, the Czech Republic, Slovakia, Latvia and Germany have withdrawn or suspended ACTA ratification. Add now Switzerland. An official for Germany’s Ministry of Economic Development and Cooperation called (May 8) for developing nations governments to reject ACTA based on generic drugs patent issues. Yes, the ACTA treaty is broadly written.

“The Court’s opinion is vital to respond to the wide-ranging concerns voiced by people across Europe on whether ACTA harms our fundamental rights in any way,” said the spokesperson for EC Trade Commissioner Karel de Gucht (May 11). “The European Commission has a responsibility to provide Members of the European Parliament and the public at large with the most detailed and accurate information available. We now look forward to Europe's top court to independently clarifying the legality of this agreement. Let us reiterate our firm position that we call on the European Parliament to await this Court opinion before deciding on ACTA.”

Yes, there’s a bit of a tiff between the EC and the European Parliament, where MEP’s have risen in stiff opposition to ACTA and have called for a vote to dump it. The EC has been desperately trying to keep ACTA alive despite growing discontent over privacy and enforcement concerns. “This is not 1984; this is 2012. ACTA is not 'Big Brother'. It's about solving our today's economic problems,” said Commissioner de Gucht in February.

The ACTA treaty aims at bringing intellectual property rights law into the digital age, adding protections for content owners and punishment for pirates. In many respects its legal – and business – inspiration came from the 2009 French Hadopi Law championed by former President Nicolas Sarkozy. The Hadopi Law was also strongly supported by the music and film industries and equally criticized by internet supporters and privacy advocates. On the campaign trail M. Sarkozy called Hadopi a success. Challenger François Hollande indicated a new law on cultural works might replace Hadopi and current enforcement would be suspended. M. Hollande defeated M. Sarkozy in the final round of the French Presidential elections, widely viewed as a referendum on austerity economics and the “president of the rich,” noted the Guardian (May 6).

While the European Commission officially continues to support ACTA ratification EC Digital Agenda Vice President Neelie Kroes announced (May 11) that “we are now likely to be in a world without…ACTA.” A spokesperson said Commissioner Kroes was “observing political reality.” The EC is hoping the European Parliament refrains from calling a vote on ACTA ratification, scheduled for July, before the ECJ makes a ruling, which could take at least a year.

In Germany’s most populous State North Rhine-Westphalia (NRW) the internet freedom seeking Pirate Party won sufficient votes to enter the State Parliament (May 13) in which Chancellor Angela Merkel’s Christian Democratic Union (CDU) was handed “a bitter, painful defeat.” The Pirate Party has gained seats in four out of four State parliament elections since last September, though internet freedom could hardly be called the big issue. “The vote in NRW follows elections in Greece, France and Italy that pointed to a growing backlash against austerity,” said Reuters (May 13).

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