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ACTA will force border searches of laptops, smartphones for pirated content

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Re: ACTA will force border searches of laptops, smartphones for pirated content

#2
Force? Hardly. Read it for yourself: http://www.aph.gov.au/house/committee/jsct/21november2011/tr...

In particular, Article 14.

ARTICLE 14: SMALL CONSIGNMENTS AND PERSONAL LUGGAGE

1. Each Party shall include in the application of this Section goods of a commercial nature sent in small consignments.

2. A Party may exclude from the application of this Section small quantities of goods of a non-commercial nature contained in travellers’ personal luggage.

Note it is may exclude and as such it's up to the individual countries on how they implement this. I've contacted my government representatives (Australia) to find out their position on this section.

Edit: More information in this fact sheet

http://www.dfat.gov.au/trade/acta/factsheet.html

Re: ACTA will force border searches of laptops, smartphones for pirated content

#3
How does one determine whether something is pirated in these cases? All the music I've bought in the past few months has been distributed to me DRM-free so there exists no difference between it and a pirated copy other than a receipt. To make a long story short, having to proved that I have licenses for everything on my computer is utter crap.

Re: ACTA will force border searches of laptops, smartphones for pirated content

#6
post #4

Fear wins out over laziness: finally downloading TrueCrypt.

I haven't read the whole thing yet, but a quick glance through shows Article 11:

ARTICLE 11: INFORMATION RELATED TO INFRINGEMENT

Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities have the authority, upon a justified request of the right holder, to order the infringer or, in the alternative, the alleged infringer, to provide to the right holder or to the judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations that the infringer or alleged infringer possesses or controls. Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution.

It seems like this might cover a court ordering you to provide the password to determine infringement. However the first sentence might get you off the hook if you're a doctor or lawyer or other similarly privileged professional who has information about your clients on your laptop. I'll update this when I finish reading it tomorrow if I find anything more specific.

Re: ACTA will force border searches of laptops, smartphones for pirated content

#7
post #6
post #4

Fear wins out over laziness: finally downloading TrueCrypt.

I haven't read the whole thing yet, but a quick glance through shows Article 11: ARTICLE 11: INFORMATION RELATED TO INFRINGEMENT Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities h…

How about an IT worker? You'd hope a sysadmin has some kind of privilege. I expect not, though.

Re: ACTA will force border searches of laptops, smartphones for pirated content

#8
post #4

Fear wins out over laziness: finally downloading TrueCrypt.

This.

I have never been arrested, never investigated. But recent events, have instigated in me a fear of those in power. The Megavideo seizure was a wake up call.

I wont even post comments like this under my normal HN account.

Re: ACTA will force border searches of laptops, smartphones for pirated content

#9
post #7
post #6

Earlier quoted context omitted.

I haven't read the whole thing yet, but a quick glance through shows Article 11: ARTICLE 11: INFORMATION RELATED TO INFRINGEMENT Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities h…

How about an IT worker? You'd hope a sysadmin has some kind of privilege. I expect not, though.

I don't think they do unless their work covers one of the traditionally privileged cases.

Re: ACTA will force border searches of laptops, smartphones for pirated content

#10
post #4

Fear wins out over laziness: finally downloading TrueCrypt.

Or use an online storage service (e.g. DropBox), and uninstall the client before going through customs. Kind of a hassle, but avoids the issues of have encrypted content on your system.
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