But what would the Fourth Amendment say?
A draft version of an international copyright agreement outlines border enforcement that's tantamount to a Fourth Amendment nightmare:
A four-page draft document [PDF] proposing the Anti-Counterfeiting Trade Agreement (ACTA) was leaked to the press this week which show plans for the creation of an international copyright regulator with its enforcement arm as each nation's border patrols. Guards and security personnel would be authorized to search electronic devices for any content that "infringes" on copyright laws, whether the copies are from legally purchased CDs or DVDs or not, and decide on the spot which content is infringing. The officials would be given authority to take action without any formalized complaint from the rights holders and without a lawyer present on behalf of the accused. The draft allows for the confiscation or destruction of any device the agents deem suspect.
While I am concerned with disrespect for intellectual property, especially in places like China, I think the specter of border and airport security guards combing through my laptop, shuffle, and cellphone is pretty disturbing. Part of the problem might be if the agreement is reached and suddenly there is no subjectively reasonable expectation of privacy in airports or at borders for personal electronic items. That's a point we should not reach.
No soup for you, ACTA.
A four-page draft document [PDF] proposing the Anti-Counterfeiting Trade Agreement (ACTA) was leaked to the press this week which show plans for the creation of an international copyright regulator with its enforcement arm as each nation's border patrols. Guards and security personnel would be authorized to search electronic devices for any content that "infringes" on copyright laws, whether the copies are from legally purchased CDs or DVDs or not, and decide on the spot which content is infringing. The officials would be given authority to take action without any formalized complaint from the rights holders and without a lawyer present on behalf of the accused. The draft allows for the confiscation or destruction of any device the agents deem suspect.
While I am concerned with disrespect for intellectual property, especially in places like China, I think the specter of border and airport security guards combing through my laptop, shuffle, and cellphone is pretty disturbing. Part of the problem might be if the agreement is reached and suddenly there is no subjectively reasonable expectation of privacy in airports or at borders for personal electronic items. That's a point we should not reach.
No soup for you, ACTA.
Labels: ACTA, China, copyright, Fourth Amendment, intellectual property, international, privacy
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posted by Brad V at 7:22 PM
