ACTA treaty could pressure future changes for Aussie laws: EFA

Despite not requiring change to Australia laws on copyright, the treaty may justify changes down the track

Although the Anti-Counterfeiting Trade Agreement (ACTA) will not require any immediate changes to Australian laws, Electronic Frontiers Australia (EFA) has expressed concern over potential future pressures on Australian copyright control from other countries.

Australian Minister for Trade, Craig Emerson, last week announced Australia would not be required to change existing domestic laws in order to implement the international treaty.

However, EFA chairman, Colin Jacobs, told Computerworld Australia that while negotiations for the treaty are “basically” over with few substantial changes to take place, the treaty could potentially influence regulations in the future.

“We’ll have to wait and see how the discussions go when the treaty comes before parliament and the parliamentary committee, but our issues might be more in the international sense, the treaty might be used as justification for making changes to the law down the road if there was pressure internationally, suggesting Australian laws weren’t adequate in some cases and that we might have been in breach of the treaty,” Jacobs said.

The treaty, which attempts to harmonise laws surrounding copyright infringement and digital rights management in participating countries, has led to contentious discussion of proposals for police enactment, such as a "three-strikes" rules for repeat offenders.

Jacobs noted issues could also arise around the exportation of certain protections around the world.

“For instance, the regulations that criminalises the circumvention of technological protection measures, like DRM [data rights management], and we’re obliged to incorporate those into the copyright law under the Australia/US Free Trade Agreement so signing on to ACTA, which also has the same requirement, won’t require any changes to Australian law, if it does require that around the world then we might question whether it’s a good thing for other countries and the world in general.”

According to Jacobs, other countries signing on to the treaty - such as New Zealand and Canada - may be required to make changes to their domestic copyright laws as a result of the treaty.

The Internet Industry of Australia (IIA) recently gave its tick of approval to the treaty, praising the lack of a ‘three strikes’ rule which would have seen repeated copyright infringers barred from the internet.

Join the CSO newsletter!

Error: Please check your email address.

Tags Electronic Frontiers Australia (EFA)ACTA

More about EFAElectronic Frontiers AustraliaEmersonIIA

Show Comments

Featured Whitepapers

Editor's Recommendations

Solution Centres

Stories by Chloe Herrick

Latest Videos

  • 150x50

    CSO Webinar: The Human Factor - Your people are your biggest security weakness

    ​Speakers: David Lacey, Researcher and former CISO Royal Mail David Turner - Global Risk Management Expert Mark Guntrip - Group Manager, Email Protection, Proofpoint

    Play Video

  • 150x50

    CSO Webinar: Current ransomware defences are failing – but machine learning can drive a more proactive solution

    Speakers • Ty Miller, Director, Threat Intelligence • Mark Gregory, Leader, Network Engineering Research Group, RMIT • Jeff Lanza, Retired FBI Agent (USA) • Andy Solterbeck, VP Asia Pacific, Cylance • David Braue, CSO MC/Moderator What to expect: ​Hear from industry experts on the local and global ransomware threat landscape. Explore a new approach to dealing with ransomware using machine-learning techniques and by thinking about the problem in a fundamentally different way. Apply techniques for gathering insight into ransomware behaviour and find out what elements must go into a truly effective ransomware defence. Get a first-hand look at how ransomware actually works in practice, and how machine-learning techniques can pick up on its activities long before your employees do.

    Play Video

  • 150x50

    CSO Webinar: Get real about metadata to avoid a false sense of security

    Speakers: • Anthony Caruana – CSO MC and moderator • Ian Farquhar, Worldwide Virtual Security Team Lead, Gigamon • John Lindsay, Former CTO, iiNet • Skeeve Stevens, Futurist, Future Sumo • David Vaile - Vice chair of APF, Co-Convenor of the Cyberspace Law And Policy Community, UNSW Law Faculty This webinar covers: - A 101 on metadata - what it is and how to use it - Insight into a typical attack, what happens and what we would find when looking into the metadata - How to collect metadata, use this to detect attacks and get greater insight into how you can use this to protect your organisation - Learn how much raw data and metadata to retain and how long for - Get a reality check on how you're using your metadata and if this is enough to secure your organisation

    Play Video

  • 150x50

    CSO Webinar: How banking trojans work and how you can stop them

    CSO Webinar: How banking trojans work and how you can stop them Featuring: • John Baird, Director of Global Technology Production, Deutsche Bank • Samantha Macleod, GM Cyber Security, ME Bank • Sherrod DeGrippo, Director of Emerging Threats, Proofpoint (USA)

    Play Video

  • 150x50

    IDG Live Webinar:The right collaboration strategy will help your business take flight

    Speakers - Mike Harris, Engineering Services Manager, Jetstar - Christopher Johnson, IT Director APAC, 20th Century Fox - Brent Maxwell, Director of Information Systems, THE ICONIC - IDG MC/Moderator Anthony Caruana

    Play Video

More videos

Blog Posts