Argument: ACTA is anti-democratic

This has been a secret stich-up between a handful of, mostly Western, governments and massive corporations or their representative trade organisations. It has notably failed to receive democratic support and poses a genuine threat to freedom and equality offered by the Internet. So far it has been signed by fewer than 40 nations and has failed to receive democratic approval [i] in any of them; it is the child of national and business elites but has failed at every hurdle where the public was watching hence it has not been ratified by any legislatures and in some cases such as in Mexico been thrown out almost unanimously. [ii] [iii] Where it has been signed, it has mostly been met with protests from politicians and public alike. If the proponents of this measure are so sure of its virtues, the obvious solution would seem apparent; put it to a vote.

It proposes the creation of an international body with no democratic accountability [iv] at all as it just has representatives from each party to the treaty but no accountability to any other body and seeks to undermine public involvement in both formal and informal ways with the management of information in the modern world. Opposition to this agreement has been at least as ferocious as previous attempts to remove the democratic input of the inhabitants of the planet into decisions that affect their lives – such as the General Agreement on Trade in Services (GATS). The Agreement has run into issues of constitutionality in the EU, US and elsewhere with legislatures questioning whether national executives have the right – let alone the capacity – to implement the measures of the Agreement. Any government that attempted to ratify the agreement would be likely to face stiff opposition from both parliamentarians and the public – to date that has been insurmountable [v] .

[i] Various articles from around the world

[ii] ‘Dictámenes a Discusión y Votación‘, Senado de la Republica LXI Legislatura, 22 June 2011.

[iii] Hernandez, Daniel, ‘Mexico signs anti-piracy treaty, setting up battle with activists’, Latimes blog, 13 July 2012.

[iv] Chapters four and five, Council of the European Union, ‘Anti Counterfeiting Trade Agreement’, 23 August 2011.

[v] Mason, Daniel, ‘European Opposition to ACTA grows’, Public Service Europe, 13 February 2012.

Candidate 1: "The reality is that antibiotics and similar medicines are mostly sold to Monopsonistic governments and don’t represent the profit base of big Pharma. Instead they have focussed on products such as Prozac that are high-profit by their nature, while thirty-year old antibiotics are left to become ever less effective against evolving viruses. [i] .

[i] Gouge, Deborah, ‘Big Pharma Abandons Antibiotics: An Opening For Small Biotech’, Seeking Alpha, 13 May 2012."
Candidate 2: "The EU [i] has described this agreement as a balance of the interests of all stakeholders – including customers or other users. Nobody is banned from freely sharing their own ideas, inventions or research; merely from ripping off that of other people. The oppositions need not worry about the articles it mentions as they are targeted not at individuals but at other commercial outfits.

What is described as privatizing data is in fact increasing functionality and ensuring interoperability. Ask anyone who uses an Apple device or have become accustomed to using Microsoft Outlook and they will testify that their products work best when used together with other similar products. By allowing other organisations to copy these services you are only harming consumers.

[i] European Commission, ‘ACTA – Anti-counterfeiting Trade Agreement’, 4 July 2012."
Candidate 3: "The major corporations, which seem to exercise the opposition so greatly, are also major employers and major investors. In addition to which counterfeiting is a much greater threat to small corporations that are dependent on one good idea and lack the financial muscle to protect that idea, for example Ifttt, an internet startup was cloned by a Chinese company, Linggan, while it was still in beta. [i] The people that have something to fear from this agreement are those with no ideas seeking to skim a profit off the energy and effort of others [ii] .

Importantly protecting intellectual property rights can also encourage innovation, by ensuring that start-ups keep creating new ideas and are sure they can profit from them. We need to ensure that there are sufficient incentives for entrepreneurs, of which intellectual property is one important component.

[i] Sam, ‘Speedy Chinese Clone Copies Startup Still in Beta’, TechinAsia, 23 August 2011.

[ii] A list of supporters"
Candidate 4: "Were proposition’s case true then it would raise the question of why no consumers groups have been involved in the negotiations or representative of cloth and other manufacturers in the developing world – or for that matter the originators of design techniques more generally. The only people consulted were the stakeholders of extremely wealthy brands; mostly price-gougers with appalling records in terms of how they spend that money as it relates to the payment of workers or suppliers. This agreement serves purely for the protection of a wealthy few and against the interests of the overwhelming majority in the industries they represent."
Candidate 5: "We should be wary of any figures set on losses to the economy as a result of piracy, mostly because the coinsumer who is downloading pirated materials will simply use his dollars elsewhere. [i] There have also been studies that show that these same people who illegally download also spend more on legal downloads. [ii] Moreover this should really be seen just as a spur to innovate. Those who benefitted from film were happy enough with the impact that cinema had on theatre, music producers happy enough with the impact that musical electrification, global distribution methods and broadcasting had on the music industry. Objecting that new technologies require some new thinking is ridiculous and smacks of protectionism from industries that, increasingly, seem to have lost the battle of ideas. ACTA is anti-competitive and aims to protect the interests of outdated approaches against new and imaginative thinking.

[i] Raustiala, Kal, and Sprigman, Chris, ‘How Much Do Music and Movie Piracy Really Hurt the U.S. Economy’, Freakonomics, 12 January 2012.

[ii] Michaels, Sean, ‘Study finds pirates 10 times more likely to buy music’, guardian.co.uk, 21 April 2009."
Candidate 6: "Government is about taking tough decisions rather than pandering to majoritarian whims. Legislation such as this protect industries in the creative, IT, manufacturing and medical sectors. The support it has garnered among trades union demonstrates that they, at least, recognise that it is about protecting jobs. It is no surprise that many people prefer to buy products that are cheap – or better, free – but government has a responsibility to protect the livelihoods of its citizens with rather more enthusiasm that the right to download free movies. It would be interesting to see where the democratic deficit goes when entire industries start collapsing because of counterfeiting."

Government is about taking tough decisions rather than pandering to majoritarian whims. Legislation such as this protect industries in the creative, IT, manufacturing and medical sectors. The support it has garnered among trades union demonstrates that they, at least, recognise that it is about protecting jobs. It is no surprise that many people prefer to buy products that are cheap – or better, free – but government has a responsibility to protect the livelihoods of its citizens with rather more enthusiasm that the right to download free movies. It would be interesting to see where the democratic deficit goes when entire industries start collapsing because of counterfeiting.
