ISP Incentives for Policing the Internet and Your Erosion of Liberty

August 26, 2012 Filed under Tyranny Posted by James Smith

Saturday, 25 August 2012 04:41 Carolina Rossini and Kurt Opsahl

TPP Creates Legal Incentives For ISPs To Police The Internet. What Is At Risk? Your Rights.

The Trans-Pacific Agreement draft chapter on Intellectual Property – as of its current leaked version [PDF], article 16 – insists that signatories provide legal incentives for Internet Service Providers to privately enforce copyright protection rules. The TPP wants service providers to undertake the financial and administrative burdens of becoming copyright cops, serving a copyright maximalist agenda while disregarding the consequences for Internet freedom and innovation.

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TPP article 16.3 mandates a system of ISP liability that goes beyond DMCA standards and U.S. case law. In sum, the TPP pushes a framework beyond ACTA [1] and possibly the spirit of the DMCA, since it opens the doors for:

Three-strikes policies and laws that require Internet intermediaries to terminate their users’ Internet access on repeat allegations of copyright infringement
Requirements for Internet intermediaries to filter all Internet communications for potentially copyright-infringing material
ISP obligations to block access to websites that allegedly infringe or facilitate copyright infringement
Efforts to force intermediaries to disclose the identities of their customers to IP rightsholders on an allegation of copyright infringement.