'Wellington Declaration’ passed to New Zealand Government ACTA Negotiators

InternetNZ (Internet New Zealand Inc) is very pleased to announce that the ‘Wellington Declaration’ has been passed to the New Zealand trade negotiators involved in the controversial Anti-Counterfeiting Trade Agreement (ACTA) negotiations.

The four-page document was prepared by the participants of the PublicACTA event on 10 April 2010 in Wellington and has been accompanied by a petition of over 6000 New Zealand and global supporters.

The Wellington Declaration tackles head-on the lack of transparency in the negotiations so far, and the need for ACTA to return to its origin as an anti-counterfeiting agreement, It also makes suggestions on many specific matters under discussion in the Wellington round of the negotiations.

InternetNZ Policy Director Jordan Carter says the PublicACTA process has been hugely successful, demonstrating the expectation of openness in international negotiations and the grassroots support for an open and uncaptureable Internet.

"On a global scale the Internet is ever more critical to people's communication and expression, and they don't like it tampered with,” he says.

"Support for the petition continues to grow online at a rapid pace. The Wellington Declaration has been translated into a multitude of languages as awareness has spread around the world with massive support particularly from Europe and North America."

"We've lodged the Wellington Declaration with the New Zealand negotiators but it has also gathered a life of its own globally and the online petition carries on," says Carter.

"We encourage people throughout the world to make their feelings known by signing the petition while the negotiations continue in Wellington this week and beyond."

"Everyone who is concerned for digital rights and freedoms on the Internet should visit publicacta.org.nz and sign the petition supporting the Wellington Declaration."

For more information contact

Jordan Carter
Policy Director
InternetNZ
+64 21 442 649

To read and sign the Wellington Declaration, and to find a copy of the petition as lodged with the NZ Government, go to: www.publicacta.org.nz

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Some of the General matters and principles in the Wellington Declaration:

* The Internet has enabled creativity and innovation, the sharing of knowledge, citizen engagement and democracy, and is an engine of economic growth and opportunity

* The World Intellectual Property Organisation has public, inclusive and transparent processes for negotiating multilateral agreements on (and a committee dedicated to the enforcement of) copyright, trademark and patent rights so we don't need ACTA.

* The purpose of copyright is to encourage creation & distribution of works for the public good, by allowing creators a limited opportunity to control their work. A clear statement is called for of the problem that ACTA is designed to solve, with independent evidence to support it.

* Public scrutiny and accountability are important aspects of life in a free society. Full transparency and public scrutiny of the ACTA process is called for, including release of the text after each round of negotiations.

* Governments should not sign ACTA without an independent impact analysis covering economic, social, environmental and cultural impacts of the agreement on their respective countries.

* There needs to be wider participation in setting the agenda and scope of ACTA. The negotiation and consultation process must enable full participation and informed input into reviewing and developing drafts.

Some of the specific matters covered in the Wellington Declaration:

* ACTA must address exceptions and limitations, such as fair use and fair dealing, to maintain the balance that is fundamental to copyright.

* Technological Protection Measures (such as DRM) should not infringe on or limit the rights of users to use or access copyright material in a manner that would be permitted without the TPM.

* Those accused of copyright infringement must have the benefit of robust consumer protections and safeguards, and access to due process.

* ACTA must recognise that intermediaries, such as ISPs, web site hosts, and search engines, are central to enabling people to derive the benefits of the Internet. Their role must be protected and encouraged.

* Access to the Internet is increasingly necessary for participation in society. Disconnection, account suspension, or limitation of service, have disproportionately negative consequences for civil rights.

* Damages must be determined only by competent legal authorities, proportionate to the intent, and to the real and actual harm.

* ACTA must not attempt to reframe personal use and private acts to fit a definition of “commercial” infringement. ACTA must recognise the need for proportionate criminal provisions
acknowledging the problem of large-scale commercial infringement, for profit, that is direct and intentional.