Network watchdogs
But it's not just the consumer groups against big business. The corporate world is equally divided.
ISPs that do business globally worry that they may have to act as Net policemen, scouring the Web to make sure sites they host don't break the laws of any convention member country.
Under US laws, service providers are not required to monitor their networks for copyright violations. They're obligated to take down infringing sites only after a copyright owner notifies them. But under the treaty, countries with more strict requirements may crack down on ISPs that don't snoop on their customers' behavior.
Sarah Deutsch, associate general counsel for Verizon Communications, said the treaty, as it stands, could disrupt e-commerce because Web infrastructure companies would have to worry about every transmission that moves over their network. Despite complaints from her company, AT&T and Yahoo, the delegates did not insert protections for ISPs and portals into the treaty.
"On the whole we were very disappointed that many of our key concerns were not addressed," Deutsch said.
There's also speculation that the treaty could endanger other Web transactions that are legal in some countries but not in others, such as Internet gambling. For example, if a site in the United Kingdom, where gambling is legal, took a bet from a US citizen, could the site be shut down for violating US laws?
In the patent arena, issues are equally as muddy. US companies have been on an aggressive, and successful, crusade to patent all things software-related. Not so in Europe. Theoretically, the treaty could require foreign countries to enforce strict US patents in their homeland. Plus, it could make those who post or link to technology that's controversial in the United States, including the DeCSS DVD-cracking code or certain types of encrypted communication, illegal worldwide.
"People don't realise what a disaster this could be," said Richard Stallman, president of the Free Software Foundation, who added that his worries apply to all software, not just the free kind.
Cheers for copyrights
The only groups that seem to have positive comments about the treaty are copyright holders, who hope the pact will let them crack down on infringement in new and more stringent ways.
"The draft convention may advance, in some respects, the effective protection of copyright--particularly as the convention relates to enforcement of judgments," a group including the Association of American Publishers, the Business Software Alliance, the Recording Industry Association of America and the Motion Picture Association of America wrote during a comment period on the convention.
In other words, those groups hope to apply the laws of countries with the strictest copyright restrictions to gain control of their products.
For example, some countries don't have the same balance that the United States does between the rights of consumers and copyright holders--such as fair use (which includes the ability to make copies for personal use) or sampling (which includes the ability to take a brief snippet of a book, song or other work for the purposes of review). Therefore, a copyright holder who wanted to maintain control over his or her work could shop for a court in a country that would crack down on any use of that work.
Because so many groups with so many competing interests are wrangling over the treaty, it's unlikely it will be ratified anytime soon. Negotiations have been going on since 1992.
The Internet added a new twist to the debate over jurisdiction, dragging out the process for years. A final version of the treaty is not expected until 2002, at the earliest. And the United States could always refuse to sign it, a move that could take the teeth out of the Web portions of the treaty because it is home to so many Internet companies.
Still, Stallman and others hope that more people will rally to fight the treaty as they learn of its potential impact, by contacting delegates and lawmakers. "We can't assume it will die of its own accord," he said. "We have to stop it."
